Himachal Pradesh High Court
Vinod Chatra vs . Hp State Co-Operative on 6 January, 2023
Author: Virender Singh
Bench: Virender Singh
Vinod Chatra vs. HP State Co-operative .
Bank Ltd.
Cr. Revision No. 3 of 2023 06.01.2023 Present: Mr. Ajay Singh Kashyap, Advocate for the petitioner.
Mr. Shivam Prashar, Advocate vice Mr. Sushant Vir Singh, Advocate for the respondent.
Admit.
Cr.MP No. 75 of 2023 By virtue of the present application, the applicant Sh. Vinod Chatra has sought the suspension of sentence, passed by the learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P. (hereinafter referred to as the 'trial Court') in Criminal Case No. 482/3 of 2018 dated 01.08.2022 and affirmed by the learned Additional Sessions Judge-II, Shimla, District Shimla (Camp at Theog) vide order, dated 13.12.2022.
By virtue of the said order, the learned trial Court has convicted and sentenced the applicant Sh.
Vinod Chatra to undergo simple imprisonment for a period of one year for the commission of offence, punishable under Section 138 of the Negotiable Instruments Act, and to pay a fine of Rs. 16,00,000/-
to the complainant.
Since the revision against the said order has been admitted for hearing, which is likely to take ::: Downloaded on - 07/01/2023 20:35:29 :::CIS some time for its disposal, 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:-
(i) That the applicant shall furnish personal bond in the sum of Rs. 50,000/- alongwith one r surety of the like amount, to the satisfaction of the learned trial Court, within a period of eight 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;
(ii) That the applicant shall deposit Rs.3,00,000/-
out of the amount of compensation, before the learned trial Court within a period of two months.
The application is, thus, disposed of.
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 eight weeks.
List on 17th March, 2023 for awaiting the compliance.
January 06, 2023 ( Virender Singh )
(naveen) Judge
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