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Judgment
M.D. Shah, J.—Rule. Learned APP Mr. L.R. Pujari waives service of notice of Rule on behalf of Respondent - State.
The Petitioner has filed this petition u/s 482 of the Code of Criminal Procedure, with a prayer to quash and set aside the impugned order dated 13.4.2001 passed by the learned Principal Judge, City Sessions Court, Ahmedabad below Exh.1 in Criminal Appeal No. 114 of 2011.
Heard learned advocate Ms. Archana Amin for the Petitioner and learned APP Mr. L.R. Pujari for the Respondent - State.
It is submitted by learned advocate Ms. Archana Amin that she is appearing on behalf of Petitioner and she is appointed through legal aid. It is submitted that the Petitioner is convicted for the offence punishable u/s 138 of the Negotiable Instruments Act. The learned trial Judge by his order dated 11.3.2011 passed in Criminal Case No. 2481 of 2008 has convicted the Petitioner for the offence punishable u/s 138 of the Negotiable Instruments Act for one year simple imprisonment with fine of Rs. 2,500/-, and in default to undergo two months simple imprisonment. The trial court also directed the Petitioner to o make payment of Rs. 2,50,000/- to the complainant as compensation u/s 357 of Code of Criminal Procedure
The said order was challenged by the Petitioner before the appellate court being Criminal Appeal No. 114 of 2011. The Appellant court by its order dated 13.4.2011 passed below Exh.1 in Criminal Appeal No. 114 of 2011 which reads as under.
Admit. Substantive order of sentence is ordered to stand suspended till hearing and final disposal of the appeal, subject to the Appellant furnishing a fresh personal bond of Rs. 10,000/- and two sureties of Rs. 5,000/- each, as also on depositing in the court an amount of Rs. 35,000/- within ten days from the date of this order.
Call for R&P of Criminal Case No. 2481/2008 from Metropolitan Magistrate, Negotiable Instruments Act Court No. 7. Notice to the Respondents returnable on 06/05/2011.
Request is only made by the learned advocate for the Petitioner for extending the time to deposit the amount of Rs. 35,000/- as per the impugned order passed by the appellate court. It is submitted by learned advocate for the Petitioner that the Petitioner is an auto-rickshaw driver and he is not able to make arrangement of Rs. 35,000/- and so he preferred this application through legal aid, and the Legal Aid Authority has appointed Ms. Archana Amin to defend the case of the Petitioner.
Considering the aforesaid facts and circumstances of the case, six weeks time is granted to the Petitioner to deposit the amount of Rs. 35,000/- as per the order passed by the appellate court. Rest of the order of the appellate court will remain the same. It is clarified that no further extension will be granted to the Petitioner for depositing the said amount.
With the aforesaid observations and directions, the petition is disposed of. Rule is partly made absolute to the aforesaid extent. Direct service is permitted.