Himachal Pradesh High Court
Ram Dass vs . Meer Chand on 18 January, 2023
Author: Virender Singh
Bench: Virender Singh
Ram Dass Vs. Meer Chand . Cr. Revision No. 21 of 2023 16.01.2023 Present: Mr. K.B. Khajuria, Advocate, for the petitioner. Cr.MP No. 201 of 2023
By virtue of the present application, the applicant Ram Dass, has sought the suspension of sentence, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P. (hereinafter referred to as the 'trial Court) in Criminal Case No. RBT-318/3 of 2018, vide judgment/order dated 02.11.2020/17.12.2020 and affirmed by learned Additional Sessions Judge (CBI Court), Shimla, H.P., in Criminal Appeal No.07-R/10 of 2021, vide order dated 18.10.2022.
2. By way of the said order, the learned trial Court has convicted and sentenced the applicant-Ram Dass to undergo simple imprisonment for a period of one year and to pay compensation of Rs.5,20,000/- to the complainant for the commission of offence, punishable under Section 138 of the Negotiable Instruments Act.
3. The revision against the judgment dated 18.10.2022 has been filed and on 12.01.2023 in the revision petition, the following order has been passed:- ::: Downloaded on - 18/01/2023 20:32:38 :::CIS
"Notice in the above terms. In the event of the petitioner depositing 50% of the cheque amount, .
which shall include amount, if any, earlier deposited with the Registry of this Court, the petitioner shall be at liberty to make mention for suspension of the sentence."
4. Now, as per the report of the Registry, a draft of Rs.1,21,000/- has been deposited by the applicant with the Registry and a sum of Rs. 1,04,000/- has already been deposited with the learned trial Court, as depicted in para 28 of the judgment dated 18.10.2022, passed by learned Additional Sessions Judge(CBI Court), Shimla H.P. Thus the condition, which has been imposed by this Court, to deposit 50% of the cheque amount has now been fulfilled, as such, the application is considered and allowed. The order of sentence under challenge, in the revision is suspended during the pendency of the revision, subject to the following conditions:-
a. That the applicant shall furnish personal bond in the sum of Rs. 50,000/- alongwith one surety of the like amount, to the satisfaction of the learned trial Court, within a period of four weeks from today, with an undertaking that in the event of dismissal of the revision, he will surrender before the learned trial Court to serve the remainder substantive sentence;
5. The application is, thus, disposed of.
6. A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
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The application is allowed with a direction to the petitioner to file certified copy of judgment dated 18.10.2022, within a period of four weeks from today. The application stands disposed of.
January 18, 2023
(ravinder)
r to (Virender Singh )
Vacation Judge
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