ORDER

Petitioner challenges the order dated 27.04.2024, produced as Annexure-A3, directing the petitioner to deposit 20% of the fine amount imposed by the trial court as per the provisions of Section 148 of the Negotiable Instruments Act, 1881.

2. Petitioner challenges the said proceeding, contending that the impugned order does not provide any reasons as required in the judgment in jamboo Bhandari v. M.P.State Industrial Development Corporation Ltd. [(2023) 10 SCC 446]. However, the learned counsel fairly conceded that subsequent to the impugned order, petitioner had sought extension of time by filing an application as Crl.M.P.No.2604/2024, and acting on the said application, the Sessions Court extended the time till 25.07.2024.

3. Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that the challenge against Annexure-A3 order cannot be entertained now, since the petitioner cannot aprobate and reprobate. After seeking an extension of time to deposit the amount, petitioner cannot, thereafter turn around and challenge the order. Acquiescence to the impugned order restrains the petitioner from thereafter challenging it. In such circumstances, I am not inclined to exercise the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. However, considering the circumstances, a lenient view can be adopted and a breathing time can be granted.

4. Therefore, the time to deposit the amount as directed in Annexure-A3 order shall stand extended till 01.11.2024.

With the above observations, this criminal miscellaneous case is dismissed.