Himachal Pradesh High Court
Decided On: 13.02.2026 vs M/S Shree Sai Iron And Steel Store & Anr on 13 February, 2026
2026:HHC:3489
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMMO No. 102 of 2026
Decided on: 13.02.2026
.
Dalip Kumar ...Petitioner.
Versus
M/s Shree Sai Iron and Steel Store & Anr. ..Respondents.
Coram
Hon'ble Mr. Justice Romesh Verma, Vacation Judge.
of
1
Whether approved for reporting?
For the petitioner: Mr. Praveen Sharma, Advocate.
For the respondent No. 2: Mr. L.N. Sharma, Additional
rt Advocate General.
Romesh Verma, Judge (Oral)
By way of instant petition, filed under Section 528 of
BNSS, 2023 read with Section 148 of the NI Act and 389 of
BNSS Act, a very innocuous prayer has been made by the
petitioner for grant of further one month time to deposit
Rs.2,60,000/- in terms of order dated 22.09.2025 passed by
learned Additional Sessions Judge, Palampur, District Kangra,
H.P. whereby substantive sentence imposed by learned trial
court was stayed subject to furnishing personal bond in the sum
of Rs.10,000/- with one surety in the like amount to the
satisfaction of learned trial Court within a period of 30 days
alongwith deposit of 20% of the compensation amount as per
Section 148(2) of the Negotiable Instruments Act.
1
Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on – 13/02/2026 20:32:45 :::CIS
2 2026:HHC:3489
2. Notice. Mr. L.N. Sharma, learned Additional
Advocate General appears and waives notice on behalf of the
.
respondent No. 2-State.
3. Having regard to the nature of order proposed to be
passed in the instant case, this court sees no necessity to issue
notice to respondent No.1, as in that event, he shall be burdened
with expenses to engage a counsel to defend him in the instant
of
proceedings, which can be disposed of today itself, as such,
same is dispensed with.
4.
rt
Having heard learned counsel for the petitioner, this
court finds that being aggrieved and dissatisfied with judgment of
conviction and order of sentence dated 02.09.2025 passed by
learned Additional Chief Judicial Magistrate, Palampur, District
Kangra, H.P. in case Registration No. 253 of 2017, the present
petitioner preferred an appeal before learned Additional Sessions
Judge, Palampur, District Kangra, H.P. Alongwith said appeal, he
also preferred an application bearing No. Cr.M.A. No. 923 of
2025 for suspension of sentence. Vide order dated 22.09.2025,
learned Additional Sessions Judge, Palampur, District Kangra,
H.P. suspended substantive sentence imposed by learned trial
Court subject to furnishing personal bond in the sum of
Rs.10,000/- with one surety in the like amount to the satisfaction
of learned trial Court within a period of 30 days alongwith
::: Downloaded on – 13/02/2026 20:32:45 :::CIS
3 2026:HHC:3489
deposition of 20% of the compensation amount as per Section
148(2) of the Negotiable Instruments Act.
.
5. However, fact remains that despite repeated
opportunities, accused/petitioner failed to deposit 20% of the
compensation amount i.e. Rs.2,60,000/-. It has come on record
especially in the order as passed by the learned Additional
Sessions Judge, Palampur, District Kangra, H.P. on 23.01.2026
of
that despite granting sufficient time for furnishing personal and
surety bond as well as deposit of 20% of the cheque amount, the
rt
present petitioner has failed to comply with the order of the
Appellate Court dated 22.09.2025. In the aforesaid background,
petitioner has approached this court in the instant proceedings,
praying therein for extension of time.
6. Since the learned Additional Sessions Judge, Palampur,
District Kangra, H.P. in his order dated 23.01.2026 has ordered
that 20% of the cheque amount has not been deposited and
copy of the order was transmitted to the trial Court for taking
necessary action as per the law, therefore, the petitioner is
apprehending that on account of judgment of conviction and
order of sentence and on account of non-compliance of the order
dated 22.09.2025 as passed by learned Additional Sessions
Judge, Palampur, District Kangra, H.P., he may be arrested.
::: Downloaded on – 13/02/2026 20:32:45 :::CIS
4 2026:HHC:3489
7. In view of above, this court without going into the merits of
the case, this Court permits the petitioner to place on record the
.
photocopy of the Demand Draft amounting to Rs.2,70,000/-
(Annexure P-4) and the same is taken on record and it is ordered
that the petitioner shall appear before the learned trial Court on
13.03.2026 and shall deposit the original of the Demand Draft
before the learned trial Court. Therefore, the time is extended for
of
complying the order dated 22.09.2025 passed by learned
learned Additional Sessions Judge, Palampur, District Kangra,
rt
H.P. for one month.
8. It is made clear that on or before 13.03.2026, no coercive
action shall be taken against the petitioner in terms of the
judgment conviction and order of sentence as recorded by
learned trial Court.
9. It is further informed by learned counsel for the petitioner
that the petitioner has also not furnished the personal and surety
bond(s) as per the order passed by the learned Additional
Sessions Judge, Palampur, District Kangra, H.P., dated
22.09.2025. He undertakes that the said compliance shall also
be made by him on 13.03.2026.
::: Downloaded on – 13/02/2026 20:32:45 :::CIS
5 2026:HHC:3489
Accordingly, the present petition stands disposed of
in the aforesaid terms, alongwith all pending applications.
.
(Romesh Verma)
Vacation Judge
February 13, 2026
(Vriti)
of
rt
::: Downloaded on – 13/02/2026 20:32:45 :::CIS