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Himachal Pradesh High Court

Balak Ram vs . Hem Raj Thakur And Another on 9 June, 2023

Author: Virender Singh

Bench: Virender Singh

Balak Ram vs. Hem Raj Thakur and another .

Cr. Revision No.311 of 2023 09.06.2023 Present: Mr. Vikram Singh, Advocate, vice Mr. J.S. Bagga, Advocate, for the petitioner.

Mr. Raj Kumar Negi, Additional Advocate General with Ms. Arushi Negi, Deputy Advocate General, for respondent No.2/ State.

Cr. Revision No.311/2023 The present petition has been filed against the judgment dated 6.4.2023, passed by learned Additional Sessions Judge-I, Mandi, Camp at Karsog, District Mandi, H.P. (hereinafter referred to as "the 1st Appellate Court"), in Criminal Appeal No.52 of 2022/19, whereby, the learned 1st Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 20.7.2019, passed by learned Judicial Magistrate 1st Class, Karsog, District Mandi (hereinafter referred to as "the Trial Court").

Vide judgment of conviction and order of sentence dated 20.7.2019, the learned Trial Court has convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of 12 months and to pay a fine of Rs.5,000/-. In default of payment of fine, the petitioner has been further sentenced to undergo simple imprisonment for 3 days. In addition to this, the petitioner has also been burdened with compensation of Rs.3,00,000/- to be paid to the complainant/ respondent.

Certain arguable points are involved in the present revision petition, as such, notices be issued to respondent No.1 for 7.7.2023.

Record of the trial Court as well as learned 1st Appellate Court be .

requisitioned for the said date.

The petitioner-applicant has filed the revision petition, in which, notices have been ordered to be issued. Decision of the petition will take long time, as such, operation of the judgment of conviction and order of sentence dated 20.7.2019, passed by learned trial Court, is ordered to be stayed, subject to the following conditions:-

(i) The applicant shall furnish personal bond in the sum of Rs.40,000/- with one surety in the like amount to the satisfaction of learned trial Court by undertaking, therein, to surrender before the learned Trial Court to undergo substantive sentence, in case of ultimate dismissal of the petition.

(ii) The applicant is also directed to deposit a sum of Rs.50,000/-, in addition to the amount of Rs.90,000/-, which is stated to have been already deposited with the learned trial Court, within a period of four weeks from today.

The application, is thus, disposed of.

Let the report regarding compliance of this order be sought from the learned trial Court for the next date.

                                                ( Virender Singh )
    June 09, 2023 (KS)                            Vacation Judge




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