Vajanti Batra v. M/S Vnd Foods & ORS

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 711/2015 VAJANTI BATRA ..... Appellant Through : Mr. K.N. Popli, Adv.

versus M/S VND FOODS & ORS ..... Respondents Through : Mr. Sudershan Rajan, Mr. Arjun Gadhoke and Mr. Ghanshyam Bhati, Advs.

for the respondent no.

3/applicant

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.02.2017 Crl. M.A. No. 88/2017 (directions) By this application, respondent no. 3 has prayed for extension of time for depositing the fine, in terms of order dated 4th August, 2015. Vide order dated 4th August, 2015, appeal was disposed of. Operative portion of the said order reads as under:- "Considering the fact that the cheque in question pertained to the period 2009, and about six years have since expired, I am inclined to subject the respondents to fine of Rs.1,35,000/-. The said fine shall be shared equally by the respondents/convicts Nos. 2 and 3 and shall be deposited within four

months.

However, in case of failure of the convicts, or either of them, to deposit their respective share of fine, the defaulting partner/convict shall undergo a sentence of Simple Imprisonment for a period of four months. Out of the said amount of fine, the appellant shall be entitled to compensation of Rs.1,32,000/-.

The appeal stands disposed of in the aforesaid terms."

Respondent no. 3 had approached the Supreme Court by filing Special Leave Petition, which has already been dismissed. More than 11⁄2 year has gone by and the fine has not been deposited. I do not find any justification to extend the time for depositing the fine as sufficient time was available to the respondent no. 3 to comply the order.

Application is dismissed.

A.K. PATHAK, J.

FEBRUARY 17, 2017 rb