High Court of Punjab and HaryanaCRM-M/49035/2022disposed of

Mithu Singh Alias Mithu Ram v. P A D B Branch Abohar Through Its Assitant Manager

2022-10-20Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-49035-2022 Decided on : 20.10.2022 Mithu Singh alias Mithu Ram . . . Petitioner(s)

Versus

P.A.D.B. Branch Abohar . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: None.

**** SANJAY VASHISTH , J. (Oral) Members of the Bar are abstaining from work today. By way of present petition filed under Section 482 Cr.PC, petitioner whose appeal after conviction under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'NI Act'), is pending before the Court of Ld. Additional Sessions Judge, Fazilka (in short 'ASJ'), has prayed that vide order dated 20.05.2022, Ld. Appellate Court while suspending the sentence, directed to deposit 20% of the compensation amount, as awarded by the trial Court, within 60 days from 20.05.2022, failing which, bail granted to the petitioner (appellant therein) and his suspension of sentence shall automatically stand cancelled.

Petitioner has pleaded that he filed an application for extension of time to deposit 20% of the compensation amount, which was ordered by the Court in its order dated 20.05.2022, however, said application has not been decided and now same stands adjourned for 09.01.2023. Thus, prayer in the present petition is limited to the extent of seeking direction to the Appellate Court to decide the application dated 08.08.2022 (Annexure P-2) without any delay JAWALA RAM 2022.10.20 18:18 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-49035-2022 - 2 - After considering the circumstances in its totality, present petition is disposed of by issuing direction to the Appellate Court, where the appeal and the application for extension of time is pending, to decide the said application at the earliest, preferably within four weeks from the date of receipt of copy of this order by preponing the date of hearing of the said application.

With the aforementioned direction, present petition stands disposed of.

(SANJAY VASHISTH) JUDGE October 20, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.10.20 18:18 I attest to the accuracy and authenticity of this order/judgment.