2021 (2) TMI 1 - HC - Indian Laws

Dishonor of Cheque - insufficiency of funds - Seeking four months time to be granted to the petitioner to pay compensation amount - HELD THAT - Taking into consideration the affidavit that has been furnished by the petitioner undertaking that he will make the deposit of Rs. 4 lakhs immediately and the balance amount of Rs. 11 lakhs will be paid within a period of 15 days this Court deems it appropriate to extend the time to make the complete payment upto 12.02.2021. Needless to say that the petitioner will put in appearance before the Sessions Court Faridabad on 29.01.2021 and make a deposit of Rs. 4 lakhs through demand draft and for depositing the remaining amount of Rs. 11 lakhs the petitioner is granted time upto 12.02.2021. The arrest of the petitioner is therefore stayed till 12.02.2021. In case the petitioner fails to deposit the amount of Rs. 4 lakhs with the Sessions Court Faridabad as undertaken in the affidavit on 28.01.2021 the interim relief allowed to him shall be deemed to be vacated. It is also made clear that in case the petitioner does not deposit the amount of Rs. 11 lakhs before the Sessions Court on or before 12.02.2021 any concession allowed to him will also deemed to be vacated apart from that the petitioner would also face the perjury proceedings for non-compliance of the affidavit as furnished to the 4 of 5 High Court. Petition disposed off.

Summary

Issues:
Petition under Section 482 Cr.P.C. for modification of compensation amount in a case under Section 138/142 of the Negotiable Instrument Act.

Analysis:
The petitioner filed a petition under Section 482 Cr.P.C. seeking modification of the compensation amount directed by the lower court in a case under Section 138/142 of the Negotiable Instrument Act. The petitioner was held guilty under Section 138 and sentenced to one year of rigorous imprisonment along with a compensation amount of Rs. 75 lakhs. Initially, the petitioner was directed to deposit 25% of the compensation amount within 30 days. However, due to the COVID-19 pandemic, court proceedings were adjourned, leading to the cancellation of the petitioner's bail for non-appearance. The petitioner challenged the bail cancellation, stating unawareness of the proceedings during the pandemic. The High Court stayed the arrest and directed the petitioner to appear before the lower court and comply with the compensation order. The petitioner requested a modification, seeking four months to deposit the remaining amount due to financial constraints. The lower court reduced the amount to 20% and set a deadline. The petitioner then sought further extension through the instant petition due to financial difficulties arising from family health issues.

The High Court noted the petitioner's financial constraints due to family health issues but emphasized that sufficient time had already been given for the payment since the initial order was passed a year ago. The petitioner's benefit from the pandemic-induced court closures was highlighted. The petitioner submitted an affidavit committing to immediate payment of Rs. 4 lakhs and the remaining Rs. 11 lakhs within 15 days. Considering the affidavit, the Court extended the payment deadline to 12.02.2021, with specific instructions for the petitioner to deposit Rs. 4 lakhs immediately and the remaining amount by the new deadline. Failure to comply would lead to vacation of interim relief, withdrawal of concessions, and potential perjury proceedings.

In conclusion, the High Court disposed of the petition by granting the extension under specified conditions to facilitate the petitioner's compliance with the compensation order.