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MANOJ KUMAR VYAS
Rajesh Prajapati – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. It has been submitted on behalf of the petitioner that vide judgment dated 31.08.2019, the petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to one year simple imprisonment along with fine of Rs.4,86,000/-. In criminal appeal, the learned Appellate Court directed to suspend the sentence of the petitioner on furnishing of bail bonds with further additional condition of depositing 20 per cent of the fine/compensation amount imposed by the trial court.
2. The petitioner failed to deposit the 20 per cent of the fine amount within prescribed time due to COVID-19 situation and economic difficulties. The learned Appellate Court has vide order dated 02.03.2021 dismissed the application for extension of time to deposit the fine amount and the order suspending the sentence was vacated. Therefore, this petition has been filed with following prayer :-
It is, therefore, humbly and respectfully prayed that the Criminal Misc. Petition filed by the petitioner may kindly be pleased to accept and allow and the Hon'ble Court may kindly be pleased to quash & set-aside the impugned order dated 02.03.2021 passed by the learned Additional District
The court has the discretion to allow an extension of time to deposit the fine amount in cases of genuine hardship, such as the COVID-19 situation and economic difficulties.
Failure to comply with court directives results in dismissal of the petition.
The Appellate Court's imposition of a 20% fine deposit pending appeal is upheld, as the accused failed to substantiate claims of financial hardship under the Negotiable Instruments Act.
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