CRL.M.C./8194/2024 of RAGHUVENDER RAGHAV Vs STATE OF NCT OF DELHI & ANR.
Parties
- + CRL.M.C. 8194/2024 CRL.M.A. 31309/2024 CRL.M.A. 31310/2024 RAGHUVENDER RAGHAV (PETITIONER)
- STATE OF NCT OF DELHI & ANR (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8194/2024 CRL.M.A. 31309/2024 CRL.M.A. 31310/2024 RAGHUVENDER RAGHAV .....Petitioner
Through: Mr. Sahil Munjal, Mr. Aditya Dogra, & Ms. Rhea Gandhi Munjal, Advs.
versus
STATE OF NCT OF DELHI & ANR.
.....Respondent Through: Mr. Digam Singh Dagar, APP for State
CORAM:HON'BLE MR. JUSTICE ANISH DAYAL
O R R18.10.2024
1.This petition has been filed seeking setting aside order 7[th] September 2024 passed by the ASJ, Patiala House Courts, Delhi.
2.As per the said order, post application filed by petitioner under Section 389 (1) Cr.P.C. for suspension of sentence awarded in proceedings under Section 138 NI Act of 1 year RI with compensation of Rs.40 lakhs and in default, SI for 4 months.
3.Subsequently bailable warrants were issued and appeal came up for hearing before the ASJ on 29[th] July 2024. Later on 7[th] September 2024, ASJ accepted the bail bonds of petitioner and suspended the sentence by the impugned order with directions to pay 20% of the compensation amount within period of 60 days. Counsel for petitioner states that petitioner is presently facing serious financial difficulty and requests for some more time.
4.As per Section 148 (2) NI Act, maximum additional time that can be
granted beyond period of 60 days, is 30 days and the statute mandates that time cannot be granted beyond that.
5.Accordingly, in these circumstances, impugned order is modified to the extent that petitioner shall deposit 20% of the compensation amount within period of 90 days from the date of the impugned order. the extent that petitioner shall deposit 20% of the compensation amount within period of 90 days from the date of the impugned order.
6.It is made clear that no further time shall be granted to petitioner for the said purpose and in the event of failure in depositing, the petitioner shall have to undergo sentence awarded.
7.Petition is disposed of with these directions.
8.Pending applications are disposed of as infructuous.
9.Order be uploaded on the website of this Court.
OCTOBER 18, 2024/sm
ANISH DAYAL, J