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2023 Supreme(HP) 473

RAKESH KAINTHLA
Surinder Singh – Appellant
Versus
Dharam Singh – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.S. Chauhan, Sr. Adv. with Mr. Rajul Chauhan.
For the Respondents: Mr. Jitender Sharma.

JUDGMENT :

(Rakesh Kainthla, J.)

The present petition has been filed under Section 482 of Cr.P.C. against the order dated 06.11.2023 passed by the learned Additional Sessions Judge, Poanta Sahib in case No. 299 of 2023, titled Surinder Singh Vs. Dharam Singh, whereby the application for an extension of time for complying with the order dated 28.06.2023 was dismissed. It has been asserted that the petitioner was convicted by the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 (in short N.I.Act). He was sentenced to undergo six months of simple imprisonment and directed to pay compensation of Rs. 5,00,000/- (Rupees Five Lakhs) to the complainant. He filed an appeal and an application for suspension of his sentence under Section 389 of Cr.P.C. The learned Appellate Court suspended the sentence subject to furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned Trial Court and also to deposit 20% of the compensation amount within two months from the date of the order. The petitioner could not comply with the order and sought extension of time, which wa

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