Himachal Pradesh High Court
Rishi Raj Jamwal vs Varun Kumar on 23 August, 2023
Author: Virender Singh
Bench: Virender Singh
Rishi Raj Jamwal Vs Varun Kumar Cr. MP(M) No. 1993 of 2023 .
23.8.2023 Present: Mr. Vinay Mehta, Advocate vice Mr. Varun Rana, Advocate, for the petitioner/applicant.
Mr. Surender Verma, Advocate, for the respondent.
The applicant has preferred the present petition, against the judgment dated 6.1.2023, passed by of the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P. in Appeal No. 105 of 2022.
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2. Since, the present revision petition has been filed after prescribed period of limitation, as such the present application has been filed for condonation of delay.
3. In view of no objection made by learned counsel for the respondent, delay in filing the present revision petition is condoned. The application is, thus, disposed of.
Cr. Revision No. ________of 2023
4. Be registered.
5. Vide order of the even date passed in Cr.
M.P.(M) No. 1993 of 2023, delay in filing the present petition has been ordered to be condoned.
6. The petitioner/applicant has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act, in criminal case No. 234-I/2015, titled as, 'Varun Kumar versus Rishi Raj Jamwal' by the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Sundernagar, ::: Downloaded on - 24/08/2023 20:35:33 :::CIS District Mandi, (hereinafter referred to as 'the trial Court), vide judgment dated 2.7.2022. Vide order of .
sentence dated 2.7.2022, he has been ordered to undergo simple imprisonment, for a period of one year and to pay compensation of Rs. 3,30,000/-, and, in the event of default in making the payment of of compensation amount, he has been ordered to undergo simple imprisonment, for a period of one month.
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7. The aforesaid judgment of conviction and order of sentence has unsuccessfully been assailed by the petitioner/applicant before the Court of learned Additional Sessions Judge, Sundernagar, District Mandi (hereinafter referred to as 'the first appellate Court') in Criminal Appeal No. 105 of 2022, vide judgment dated 6.1.2023.
8. Aggrieved from the judgment of conviction and order of sentence, passed by the learned trial Court, as referred to above, and affirmed by the Court of learned First Appellate Court, the petitioner has preferred the instant revision petition.
9. Records of the learned trial Court, as well as, the learned First Appellate Court be requisitioned for the next date of hearing.
10. List on 27.9.2023.
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11. Be registered.
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12. 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 2.7.2022, passed by the of learned trial Court, in criminal case No. 234-I/2015, and affirmed by the learned First Appellate Court in rt Criminal Appeal No.105 of 2022, vide judgment, dated 6.1.2023.
13. Since the revision against the judgment of conviction and order of sentence, as referred to herein-
above, will 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. 30,000/-, 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 amount of compensation, before the learned trial Court, which will be in addition to the amount, already deposited, within a period of four weeks from today.
14. The application is, thus, disposed of.
::: Downloaded on - 24/08/2023 20:35:33 :::CIS15. 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, by the next date of hearing.
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(Virender Singh) of Judge August 23, 2023 (kalpana) rt ::: Downloaded on - 24/08/2023 20:35:33 :::CIS