Himachal Pradesh High Court
Anil Kumar Aggarwal vs . Sunil Kumar on 28 July, 2025
Anil Kumar Aggarwal vs. Sunil Kumar .
Cr.Revision No. 422 of 2025 28.07.2025 Present: Mr. Dheeraj K.Vashisht Advocate, for the petitioner.
Cr. Revision No. 422 of 2025 Perusal of the judgment passed by the learned Trial Court shows that no reasons have been assigned and only one line has been mentioned that the ingredients of an offence punishable under Section 138 of the Negotiable Instruments Act have been proved by the testimony of the complainant and various documents placed on record. Prima facie, such a judgment is not sustainable in eyes of law. Hence, issue notice to the respondent returnable within a period of four weeks on taking steps within a period of one week.
Cr.MP No. 3227 of 2025Notice in the aforesaid terms.
In the meantime, keeping in view the nature of the offence punishable under Section 138 of the Negotiable Instruments Act, execution and operation of the substantive sentence of imprisonment awarded by the learned Trial Court vide judgment of conviction and order of sentence dated 02.02.2022 and the same has been affirmed by the learned Appellate Court on 2nd May, 2025 in Criminal Appeal No. 15-N/10 of 2022 is ::: Downloaded on - 28/07/2025 21:30:42 :::CIS ordered to be suspended till further orders subject to .
deposit of 30% of the compensation amount, if not deposited earlier and applicant/petitioner is directed to furnish his personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned Trial Court with an undertaking to appear and receive the sentence, in case of dismissal of the present revision, within a period of four weeks.
Trial Court is directed that the bail bonds, so furnished by the applicant/petitioner be transmitted to this Court for placing the same on record.
(Rakesh Kainthla) Judge 28th July, 2025 (ravinder) ::: Downloaded on - 28/07/2025 21:30:42 :::CIS .
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