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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Mahajan
Ramesh Kakar – Appellant
Versus
Nitin Gupta – Respondent
ORDER :
1. By the present petition, the petitioner challenges the orders dated 01.10.2024 and 20.12.2024, passed by the learned Additional Sessions Judge, West District, Tis Hazari Courts, Delhi in CA No. 283/2024.
2. The petitioner was convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) by judgment dated 30.07.2024. Further, by order on sentence dated 13.08.2024, the petitioner was sentenced to pay fine for a sum of Rs.1,75,00,000, and in default to undergo simple imprisonment for a period of 8 months.
3. By impugned order dated 01.10.2024, the learned ASJ, in the appeal preferred by the petitioner, suspended the operation of the order on sentence subject to deposit of 20% of the fine amount in the form of FDR.
4. Subsequently, the petitioner prayed for an extension of time for the deposit of 20% compensation amount. The extension of 30 days time to deposit the said amount was granted by the learned ASJ by order dated 14.11.2024.
5. The orders, it appears, were challenged by the petitioner by filing a Petition being CRL. M.C. 9822/2024 and CRL. M.C. 9826/2024 before this Court. The order dated 13.12.2024 passed by this Court indicates that the
A petitioner convicted under Section 138 of the NI Act cannot re-challenge a previously withdrawn order, emphasizing the limited scope for seeking extensions from the Trial Court.
The main legal point established in the judgment is that the appellate court may order the appellant to deposit a minimum of 20% of the fine or compensation awarded by the trial court, as per the pro....
A court's inherent powers can be invoked to extend timelines for compliance when adherence to orders is hindered by financial difficulties.
Court allowed additional time for fine payment due to financial hardship related to medical treatment.
The court can extend the time for compliance with financial penalties under statutory provisions based on compelling circumstances.
The appellate court may impose a deposit condition under Section 148 of the N.I. Act, interpreted as mandatory for expediting cheque dishonour cases.
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