JUDGMENT :

For the order proposed to be passed, there is no necessity to issue notice to the respondent.

2. Present petition has been filed for setting aside the impugned order dated 4.12.2021, passed by learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., in Cr.MA No. 906 of 2021 in Criminal Appeal No. 150 of 2019, titled as Rajbir Singh Vs. Hem Singh, whereby application of the petitioner seeking extension of time for furnishing bail bonds and depositing amount in compliance of order dated 18.9.2019, has been dismissed.

3. Petitioner has been convicted in a case under Section 138 of Negotiable Instruments Act by the trial Court and vide order dated 5.8.2019 has been sentenced to undergo simple imprisonment for two years and to pay compensation to the tune of Rs. 13,00,000/- to the complainant for dishonor of cheque amounting to Rs. 10,00,000/-.

4. In appeal preferred by the petitioner, substantive sentence was suspended vide order dated 18.9.2019, subject to furnishing bail bonds and depositing of 20% of compensation amount within 30 days. However, petitioner did not comply with the order and on every subsequent date seeks extension and time was extended on those dates. The sentence was suspended about 2 years and 4 months ago. Lastly, vide impugned order dated 4.12.2021, learned Additional Sessions Judge has dismissed the application filed by the petitioner for further extension by passing a reasoned and speaking order.

5. There is no plausible justification for not complying with the terms and conditions imposed at the time of suspension of sentence, therefore, I do not find any infirmity, illegally or irregularity in the impugned order passed by learned Additional Sessions Judge, Sundernagar, warranting interference of this Court.

6. However, considering the persuasive request of learned counsel for the petitioner, by way of special indulgence one more, but last opportunity is granted to the petitioner to furnish personal and surety bonds in the sum of Rs. 25,000/- to the satisfaction of trial Court on or before 14th January, 2022, but subject to deposit of 30% of compensation amount by that date in the trial Court, instead of 20% of compensation amount, as directed by the first Appellate Court and subject to aforesaid condition, interim protection granted to petitioner by learned Additional Sessions Judge, Sundernagar vide order dated 18.9.2019 shall continue, but subject to any further condition as deemed fit to be imposed by the first Appellate Court during pendency of the appeal. On failure in furnishing bail bonds and depositing 30% of compensation amount on or before 14th January, 2022, interim protection with respect to suspension of sentence shall stand vacated automatically.

7. In case bail bonds are furnished and 30% of compensation amount is deposited by the petitioner on or before 14th January, 2022 in the trial court, then he shall not be arrested for execution of sentence imposed upon him by the trial Court. Information in this regard shall be transmitted by the trial Court to first Appellate Court.

8. In view of aforesaid order, petitioner shall not be arrested till 14th January, 2022 for execution of non-bailable warrants issued by trial Court against him vide order dated 23.11.2021, returnable for 14.1.2022. On compliance by the petitioner in terms of this order, execution of sentence shall remain suspended subject to further order passed by the Court(s). The petition stands disposed of in aforesaid terms. Petitioner is permitted to use downloaded copy of this order from the High Court website and concerned authority shall not insist for certified copy. Passing of order may be verified from High Court website.