2022 (5) TMI 1298 - HC - Indian Laws

Dishonor of Cheque - amicable settlement arrived between the parties - Extension of time for deposit of the amount - HELD THAT - This Court is of the considered view that it will be in the interest of justice in case this petition is allowed as prayed for by extending the time to deposit the balance amount of Rs. 68,000/- as the Court is satisfied that non-deposition of the same by the petitioner by the date fixed was not an intentional act. As far as the contention of learned Counsel for the respondent that respondent be compensated for the delay caused in deposit of the amount, this Court is of the considered view that as the delay in deposition of the amount is not substantial, therefore, in the peculiar facts of the case, this Court is not passing any order, directing the petitioner to deposit additional amount. This petition is disposed of by extending time for deposition of the balance amount up to 20th May, 2022.

Summary

Issues:
Petition under Section 482 of the Code of Criminal Procedure for extension of time to pay settled amount in a criminal case.

Analysis:
1. Background of the Case: The petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment and a fine. An appeal was filed, and the matter was settled amicably between the parties, with a balance amount of Rs. 68,000 to be paid by a specified date.

2. Petitioner's Request for Extension: The petitioner, unable to pay the balance amount due to financial constraints and health issues, sought an extension of time to make the payment. The petitioner's counsel argued that the delay was unintentional, and now the petitioner was ready to fulfill the obligation.

3. Respondent's Position: The respondent did not oppose the extension request but sought compensation for the delay caused. The respondent's counsel acknowledged the delay but did not object to the extension of time for payment.

4. Court's Decision: After considering submissions from both parties and reviewing the case documents, the Court found that the delay in payment was not deliberate. The Court decided to grant the extension requested by the petitioner without imposing any additional compensation for the delay.

5. Disposition of the Petition: The Court allowed the petition, extending the time for payment of the balance amount up to 20th May, 2022. The Court noted that the petitioner had already deposited the amount with the Registry, ordering its release to the respondent's bank account.

6. Final Order: The petition was disposed of in favor of the petitioner, with the balance amount paid and released to the respondent as per the Court's order. The Court emphasized that the delay was not substantial and, therefore, did not require additional compensation from the petitioner.

This detailed analysis outlines the key aspects of the judgment, including the background of the case, arguments presented by both parties, the Court's decision, and the final outcome of the petition under Section 482 of the Code of Criminal Procedure.