Sanjeev Prakash Sharma, J. - (1.) The petitioner has preferred this petition against the order passed by the court below rejecting the application for extension of time for depositing 20 % amount as per Section 148 of the Negotiable Instruments Act(amended), 2018.
(2.) Learned counsel submits that the petitioner was asked to deposit 20% of the amount within two months vide order dated 8th May, 2019. However, the petitioner met with an accident and therefore, he could not comply with the order dated 8th May, 2019 and presented on 17.9.2019 himself before the court alongwith a draft of amount of 20% i.e. Rs.2,80,000/-(Rupees Two Lacs Eighty Thousand only). However, the court refused to accept the draft and directed him to deposited the amount in cash and listed the case on 23rd September, 2019. The petitioner brought the amount in cash on the date fixed but it was refused by the concerned court on the ground that the period prescribed in the limitation act has expired and observed that only the appellate court can extend the time. He therefore, filed an appeal for seeking extension of time which was rejected by the Additional Session Judge NO.2, Alwar vide order dated 24.9.2019 on the ground that the period provided u/s 148, after the amendment made in 2018 is 60 days can be extended by another 30 days and as 90 days period expired on 8.8.2019, therefore, time cannot be granted.
(3.) Learned counsel relies on the judgment passed by the High court of Punjab & Haryana at Chandigarh in the case of Baljinder Singh Vs. Harpinder Kaur (CRM-M-54105-2019)dated 10.1.2020 wherein 60 days time was further granted by the court in exercise of power under Section 482 Cr.P.C.;