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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Devender Verma – Appellant
Versus
Bhim Dev – Respondent
JUDGMENT :
Ranjan Sharma, J.
Heard.
2. At the very outset, Mr. Udit Shaurya Kausahik, Learned counsel, on instructions of petitioner-accused-Devender Verma, submits that the petitioner prays for one weeks’ time to comply with the orders dated 09.09.2024 [Annexure P-1] passed by Learned Additional Sessions Judge, Kinnaur at Rampur Bushahr in Cr.MP No.1109 of 2024 in Re: Devender Verma Vs. Bhim Dev.’, which could not be complied withearlier due to unforeseen circumstances.[Statement taken on record].
3. Keeping in view the material on record and the statement made by Learned Counsel for petitioner-accused today and in view of the nature of order sought to be passed, this Court is of the considered view that no notice needs to be issued to non-applicant/respondent-Bhim Dev in the instant proceedings.
4. Material on record reveals that pursuant to proceedings under Section 138 read with Section 142 of the Negotiable Instruments Act, the petitioner was convicted by Learned Trial Court i.e. ACJM at Rampur Bushahr in Complaint Case No. 228 of 15 vide judgment dated 09.08.2024 titled as ‘Bhima Dev Vs. Devender Verma’, fastening the liability of Rs.10,14,000/- and in directing the petitioner-acc
Compliance with court orders is essential, and extensions may be granted in light of genuine unforeseen circumstances affecting compliance.
Non-compliance with orders of the Appellate Court can result in the quashing of impugned orders and the enforcement of the Appellate Court's directives.
A court's inherent powers can be invoked to extend timelines for compliance when adherence to orders is hindered by financial difficulties.
Failure to comply with court directives results in dismissal of the petition.
A petitioner convicted under Section 138 of the NI Act cannot re-challenge a previously withdrawn order, emphasizing the limited scope for seeking extensions from the Trial Court.
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