Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Mohd. Zahid v. Rakesh Kumar
CNR No.: DLCT01-017212-2024
Crl. Appeal No. 452/2024
28.01.2025
Present : Mr. Jiwan Ram, Ld. Counsel for the appellant.
The respondent in person.
TCR has not been received despite requisition.
Ld. Counsel for the appellant has submitted that
demand draft bearing No. 726169 drawn on Punjab National
Bank, Gokhale Market, New Delhi, dated 17.01.2025. Along
with the said demand draft, Ld. Counsel has moved an
application under Sec. 148(2) of NI Act, seeking extension of
period of deposit of the fine amount, as directed by this Court on
29.10.2024.
Ld. Counsel for the appellant has submitted that due
to paucity of funds, the appellant could not deposit the fine
amount within the prescribed period as per Sec. 148 NI Act.
However, subsequently, when the funds were arranged by the
appellant, the demand draft was got prepared and filed before
this Court, in compliance of the aforesaid order.
Heard. Perused.
Notably, this court
vide its order dated 29.10.2024,
had suspended the operation of impugned order dated 20.09.2024
of the Ld. Trial Court,
inter alia subject to the appellant
depositing 20% of the fine amount, as specified under the said
order. Pertinently, on 07.01.2025, when the matter was taken up
before this Court, the appellant did not deposit the fine amount,
however, subsequently, the aforenoted demand draft along with
the application under Sec. 148(2) NI Act has been moved on
behalf of the appellant on the ground that the demand draft/fine
Contd..2/-
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amount could not be deposited within the prescribed period of 60
days of the order dated 29.10.2024 for the reason of paucity of
funds. Nevertheless, as aforenoted, the demand draft has now
been deposited within the further extended period of 30 days, as
prescribed under Sec. 148(2) NI Act. Consequently, for the
reasons stated in the application and the submissions made, being
wary of the judicial precedents, this Court deems it appropriate to
allow the present application.
Accordingly, the present application is
allowed and
the aforenoted demand draft is taken on record.
The respondent has submitted that his Ld. Counsel is
in the process of filing reply to the present appeal and has
accordingly, requested for a short accommodation. Let the same
be done, as prayed for within a period of seven days from today
with a copy thereof to the opposite side.
In the interest of justice, list for reply and arguments
on 26.03.2025.
Interim order, if any, to continue till the next date of
hearing.
TCR be requisitioned forthwith.
Abhishek Goyal
ASJ-03, Central District,
Tis Hazari Courts, Delhi
28.01.2025
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