Dismissed

Surendra Nath Bhutiyani S/O Late Shri Amarnath Bhutiyani v. Chhitarlal Bairwa S/O Ramlal Bairwa

Rajasthan HC15 Jul 2021CRLMP/2676/2021

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 482 Cr.P.C. seeking extension of time to deposit the suspended sentence amount in a cheque dishonour case. The petitioner had failed to deposit the amount despite a delay of over a year and offered no bona fide reasons.

What did the court decide?

The petition and stay application were dismissed. No extension of time was granted.

Surendra Nath Bhutiyani S/O Late Shri Amarnath Bhutiyani… — Cheque Dishonour | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2676/2021

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Surendra Nath Bhutiyani S/o Late Shri Amarnath Bhutiyani, R/o 35A, Gayatri Vihar Vistar Yojna, Kenal Road, Borkhera, Kota (Raj).

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----Petitioner

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Versus

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Chhitarlal Bairwa S/o Ramlal Bairwa, R/o Plot No. 61, Vikas Nagar, Near Satyam School, Nanta Road, Kunhadi, Kota (Raj).

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----Respondent

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For Petitioner(s) : Mr. Gajveer Singh Rajawat, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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15/07/2021

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Petitioner has filed this petition under Section 482 Cr.P.C. challenging the order dated 23.03.2021 passed by Additional District & Sessions Judge No.5, Kota in Criminal Appeal No.228/2019 titled as Surendra Nath Vs. Chhitarlal in which learned Judge has dismissed the application filed by the petitioner for extension of time in depositing the 20% amount.

¶13

Learned counsel for the petitioner submits that the petitioner was convicted by the trial court on 14.03.2019 under Section 138 of N.I. Act in which sentence of 10 months and directed to pay Rs.1,80,000/- as a compensation to the respondent. Petitioner had filed the appeal of the said conviction and Appellate Court vide order dated 18.04.2019 suspended the sentence on the condition that the petitioner shall deposit the amount of Rs.36,000/- within 60 days i.e. 18.06.2019.

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(2 of 2)

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[CRLMP-2676/2021]

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Learned counsel for the petitioner submits that due to unavoidable reasons, the petitioner could not deposit the said amount before the learned Court and he had filed an application on 10.02.2021 for extension of time but learned Additional District & Sessions Judge has rejected the application filed by him on 23.03.2021. Learned counsel for the petitioner also submits that the learned Additional District & Sessions Judge has committed an error in dismissing the appeal. So, one week’s time be given to the petitioner for depositing the amount.

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I have considered the arguments advanced by learned counsel for the petitioner and perused the record.

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Learned Sessions Judge has suspended the sentence on 18.04.2019 on the condition that the petitioner shall deposit the amount of Rs.36,000/- upto 18.06.2019 but the petitioner had not deposited the same. He had filed an application for extension of time after the delay of 1 year and 8 months.

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Learned Sessions Judge in its order clearly stated that the petitioner had not disclosed any bona fide reason for not depositing the said amount. So, in my considered opinion, the petition filed by the petition, being devoid of merit, is liable to be dismissed.

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Therefore, the petition as well as stay application is dismissed.

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(NARENDRA SINGH DHADDHA),J

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Jatin /55

Surendra Nath Bhutiyani S/O Late Shri Amarnath Bhutiyani v. Chhitarlal Bairwa S/O Ramlal Bairwa

Case brief

What is this about?

What did the court decide?

Surendra Nath Bhutiyani S/O Late Shri Amarnath Bhutiyani v. Chhitarlal Bairwa S/O Ramlal Bairwa

Case brief

What is this about?

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What the court decided

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