Mohinder Singh vs . Raj Kumar on 12 May, 2023

[Cites 4, Cited by 20]

Himachal Pradesh High Court

Mohinder Singh vs . Raj Kumar on 12 May, 2023

Bench: Virender Singh

                        Mohinder Singh    Vs.      Raj Kumar




                                                          .
                                          Cr. Revision No. 252 of 2023





12.5.2023   Present:    Mr. Pawan Gautam, Advocate, for the
                        petitioner.

The petitioner has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act in case complaint No. 391 of 2013, titled as, 'Raj Kumar versus Mohinder Singh' by the Court of learned Judicial Magistrate 1 st Class, Court No. III, Una District Una, (hereinafter referred to as 'the trial Court), vide judgment dated 21.2.2022. Vide order of sentence dated 21.2.2022, he has been ordered to undergo simple imprisonment, for a period of one year and to pay a fine of Rs. 7,00,000/, and, in the event of default in making the payment of fine, he has been ordered to undergo further imprisonment, for a period of three months.

2. The aforesaid judgment of conviction and order of sentence has unsuccessfully been assailed by the petitioner before the Court of learned Additional Sessions Judge (I), Una, District Una, H.P. (hereinafter referred to as the learned 'First Appellate Court') in Criminal Appeal No. 21/2022, vide judgment dated 4.1.2023.

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3. Aggrieved from the judgment of conviction .

and order of sentence, passed by the learned trial Court, as referred to above, and affirmed by the learned First Appellate Court, the petitioner has preferred the instant revision petition.

4. There are certain arguable points involved for hearing.

r to in the present petition, as such, the same is accepted

5. Records of the learned trial Court, as well as, the learned First Appellate Court be requisitioned for the next date of hearing.

6. List on 16.6.2023.

Cr. M.P. No. 1572 of 2023

7. By way of the present application, under Section 389 of the Code of Criminal Procedure, the petitioner/applicant has sought the suspension of order of sentence, dated 21.2.2022, passed by the learned trial Court, in criminal complaint No. 391 of 2013, and affirmed by the learned First Appellate Court in Criminal Appeal No. 21 of 2022, vide judgment, dated 4.1.2023.

8. Since the revision against the judgment of conviction and order of sentence, as referred to herein above, has been accepted for hearing, which is likely to ::: Downloaded on - 16/05/2023 20:31:53 :::CIS take sufficient long time, for its disposal, as such, the .

order of sentence is suspended during the pendency of the revision, subject to the following conditions:

(i) That the applicant shall furnish personal bond in the sum of Rs. 40,000/, 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 final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence;

(ii) That the applicant shall deposit 50% of the cheque amount with the learned trial Court, inclusive of the amount which has already been deposited before the learned trial Court, within a period of six weeks from today.

9. The application is, thus, disposed of.

10. 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.

(Virender Singh) Judge May 12, 2023 (kalpana) ::: Downloaded on - 16/05/2023 20:31:53 :::CIS

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Himachal Pradesh High Court