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2021 Supreme(Raj) 510
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Subhash Dhawal - Appellant
Versus
Subash Dhawal - Respondent
Criminal Miscellaneous Application No. 341 of 2019
Decided on : 02-03-2021
S.K. Verma, Advocate, B.R. Bishnoi, Advocate
Non-compliance with court orders and failure to deposit the required amount can lead to stringent measures and custody pending appeal.
Headnote:
N.I. Act - Section 138 - Conviction under Section 138 of the N.I. Act - Last opportunity granted to deposit 20% of the cheque amount with the appellate court failing which, stringent steps to re-arrest the petitioner No.1 and he shall be kept in custody till disposal of the appeal
Fact of the Case:
The petitioners appealed against their conviction under Section 138 of the N.I. Act. They were granted time to deposit 20% of the cheque amount, but failed to do so.
Finding of the Court:
The court granted the petitioners a last opportunity of seven days to deposit the 20% of the cheque amount with the appellate court, failing which, stringent steps to re-arrest the petitioner No.1 and keeping him in custody till disposal of the appeal were ordered.
Issues: Non-deposit of 20% of the cheque amount by the petitioners despite previous extension of time.
Ratio Decidendi: The court's decision was influenced by the failure of the petitioners to deposit the required amount despite previous extensions, leading to the grant of a final opportunity and the threat of re-arrest and custody.
Final Decision: The petitioners were granted a last opportunity of seven days to deposit the 20% of the cheque amount with the appellate court, failing which, stringent steps to re-arrest the petitioner No.1 and keeping him in custody till disposal of the appeal were ordered.
JUDGMENT
Sandeep Mehta, J. - The office objection is overruled.
2. Learned counsel Shri Verma makes a statement at bar that the appeal (No.154/2019) preferred by the petitioners against their conviction under Section 138 of the N.I. Act by the trial court is still pending before the learned lower appellate court.
3. By order dated 01.08.2019 passed by this Court in S.B. Criminal Misc. Petition No.3303/2019, time granted to the petitioners for depositing 20% of the cheque amount was extended by a period of fifteen days.
4. It is really surprising to note that till date, the said amount has not been deposited and still the petitioner No.1 continues to remain at large.
5. In view of the peculiar facts and circumstances of the case at hand, the petitioners are granted last opportunity of seven days to deposit the 20% of the cheque amount with the appellate court failing which, the appellate court shall take stringent steps to re-arrest the petitioner No.1 and he shall be kept in custody till disposal of the appeal. The misc. application is disposed of accordingly.
6. Copy of this order shall be transmitted to the appellate court forthwith.
