Himachal Pradesh High Court
Raju Ram vs . Parvesh Kumar & Anr. on 3 August, 2023
Author: Virender Singh
Bench: Virender Singh
Raju Ram Vs. Parvesh Kumar & anr. . Cr. Revision No. 269 of 2023 3.8.2023 Present: Mr. Dheeraj K. Vashishta, Advocate, for the petitioner/applicant. Mr. Neeraj Maniktala, Advocate, for respondent No. 1. of
Mr. Mohinder Zharaick, Mr. H.S. Rawat and Mr. Tejasvi Sharma, Additional Advocates General with Ms. Sunaina, Deputy Advocate rt General, for respondent No. 2-State.
Cr. M.P. No. 1699 of 2023 The applicant has preferred the present revision petition, against the judgment dated 20.4.2023, passed by the learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as 'the First Appellate Court').
The learned First Appellate Court, vide order dated 20.4.2023, has dismissed the appeal, filed by the petitioner/applicant, which has been preferred against the judgment of conviction, dated 10.6.2019 and order of sentence, dated 13.6.2019, passed by the learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as 'the Trial Court').
Vide judgment of conviction and order of sentence, passed by the learned trial Court, as referred to above, the applicant/petitioner has been convicted for the offence, punishable under Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'the N.I. Act') and sentenced to undergo simple imprisonment for two years and to pay compensation to the tune of ::: Downloaded on - 04/08/2023 20:34:49 :::CIS Rs. 3,90,000/- and in default, he was further sentenced to .
undergo simple imprisonment, for a period of one month.
On 22.5.2023, a direction was passed in the present application, which is reproduced as under:
"Notice in the above terms. In the event of the petitioner depositing 50% of the cheque of amount, which shall include amount, if already deposited by the petitioner with the rt Registry of this Court, the petitioner shall be at liberty to make a mentioned for suspension of the sentence."
The said order is stated to have been complied with.
Elaborating this fact, it has been submitted that applicant has deposited a total amount of Rs.
1,95,000/- in this case.
Bifurcating the said amount, it has been submitted by learned counsel for the petitioner/applicant that a sum of Rs. 87,500/- has been deposited with the trial Court and a sum of Rs. 1,07,500/- in the Registry of this Court. His statement is taken on record.
In view of the aforesaid fact, as well as, the fact that the decision of the present revision petition will take sufficient time, the operation of judgment of conviction, dated 10.6.2019 and order of sentence, dated 13.6.2019, passed by the learned trial Court, is ordered to be stayed, subject to the following condition:
(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, ::: Downloaded on - 04/08/2023 20:34:49 :::CIS 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.
The application is, thus, disposed of. A copy of this order be sent to the learned of trial Court, with the direction that the report of compliance of this order be submitted to this Court on rt or before the next date of hearing.
List on 21.9.2023.
(Virender Singh) Judge August 3, 2023 (kalpana) ::: Downloaded on - 04/08/2023 20:34:49 :::CIS