Himachal Pradesh High Court
This Application Is Under Section ... vs Lal Chand on 24 September, 2019
Author: Anoop Chitkara
Bench: Anoop Chitkara
Cr. Revision No.378/2019 .
24.09.2019 Present: Mr. Mohan Sharma, Advocate, for the petitioner.
Mr. Nand Lal Thakur, Additional Advocate General, for respondent No.2/State.
Cr. Revision No.378/2019 Heard.
The present petition raises substantial questions of law. r Admit. Call for the records.
Notice. Mr. Nand Lal Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2/ State. Issue notice to the 1st respondent, returnable within four weeks. Cr.MP No.1648/2019
This application is under Section 397(1) of the Code of Criminal Procedure for suspension of sentence. The matter arises out of Criminal Complaint No.196- I/2006, titled as Prem Chand vs. Lal Chand, wherein the accused was convicted and sentenced under Section 138 of the Negotiable Instruments Act. In appeal, the said judgment was affirmed by the learned Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No.28 of 2018, titled as Shri Lal Chand vs. Prem Chand, on 24.6.2019.
In view of the fact that the sentence is only for six months and also in view of the fact that the criminal revision raises substantial questions of law, therefore, ::: Downloaded on - 26/09/2019 20:31:39 :::HCHP execution of sentence of imprisonment is suspended, subject to the conditions mentioned in this order.
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(i) The petitioner shall furnish personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned trial Court, on or before 31.10.2019.
(ii) The petitioner undertakes to comply with all the directions given in this order and furnishing of bail bonds by the petitioner is acceptance of all such conditions.
(iii) The petitioner undertakes to appear before this Court as and when directed to do so.
(iv) In case of dismissal of his present criminal revision, petitioner undertakes to surrender himself before learned trial Court.
(v) The petitioner undertakes to comply with all orders and directions issued by this Court in this matter.
However, in view of amendment in the Negotiable Instruments Act, by inserting Sections 143-A and 148 w.e.f. 2.8.2018, it is desirable that same analogy is followed while suspending the sentence in criminal revision petitions. To maintain uniformity, it would be appropriate that presuming that 20% of the cheque amount is supposed to be deposited during trial and 20% of the compensation amount during the pendency of the 1st appeal, as such, 20% of the compensation amount may be deposited while admitting the criminal revision petitions. Therefore, to cut short the matter, it is appropriate that 60% of the compensation amount, stands deposited at the time of criminal revision ::: Downloaded on - 26/09/2019 20:31:39 :::HCHP petition, including the amount if already deposited before the trial Court and the first Appellate Court.
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Learned counsel, appearing for the petitioner, submits that the convict had already deposited an amount of Rs.1,00,000/- before the first Appellate Court. The total compensation awarded in favour of the complainant is Rs.2,50,000/-. Therefore, 60% of that comes out to be Rs.1,50,000/-. Therefore, let the balance amount be deposited before the trial Court, on or before, 31.12.2019, ensuring that the total amount deposited, comes out to be Rs.1,50,000/-.
The failure to do so, shall result into automatic cancellation of this suspension order. However, in case of some exigency, or unavoidable circumstances, due to which the applicant, is unable to make up the deficiency, he may come up before this Court, by filing a reasoned application for extension of time. Accordingly, the application stands disposed of.
Copy Dasti.
(Anoop
Chitkara)
Judge
September 24, 2019 (KS)
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