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Himachal Pradesh High Court

Saurav Mahajan vs . Rajesh Malhotra & Anr. on 7 July, 2023

Author: Virender Singh

Bench: Virender Singh

Saurav Mahajan Vs. Rajesh Malhotra & anr.

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Cr. Revision No. 348 of 2023 7.7.2023 Present: Mr. C.N. Singh, Advocate, for the petitioner.

Mr. Mohinder Zaraick, Mr. H.S. Rawat and Mr. Tejasvi Sharma, Additional Advocates General with Ms. Avni Kochhar Mehta and Ms. Leena Guleria, Deputy Advocates General, for respondent No. 2­ State.

Notice. Ms. Leena Guleria, learned Deputy Advocate General accepts and waives service of notice on behalf of respondent No. 2­State. Notice be issued to respondent No. 1, on steps being taken within a week, returnable for 4.8.2023.

2. The petitioner has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act in Criminal Case No. 32­III/2021, titled as, 'Rajesh Malhotra versus Saurav Mahajan' by the Court of learned Judicial Magistrate First Class, Court No. II, Dharamshala, District Kangra (hereinafter referred to as 'the trial Court), vide judgment dated 24.11.2022. Vide order of sentence dated 25.11.2022, petitioner has been ordered to undergo simple imprisonment, for a period of three months and to pay compensation of Rs. 11,00,000/­.

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3. The aforesaid judgment of conviction and .

order of sentence has unsuccessfully been assailed by the petitioner before the Court of learned Sessions Judge, Kangra at Dharamshala, District Kangra (hereinafter referred to as 'the first appellate Court') in criminal Appeal No. 29­D/X/2022, vide judgment dated 15.6.2023.

4.

r to 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.

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

Cr. M.P. No. 2419 of 2023

6. By way of the present application, under Section 397 (1) read with Section 401 of the Code of Criminal Procedure, the petitioner/applicant has sought the suspension of order of sentence, dated 25.11.2022, passed by the learned trial Court, in criminal case No. 32­III/2021, and affirmed by the learned First Appellate Court in Criminal Appeal No. 29­D/X/2022, vide judgment, dated 15.6.2023.

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7. Since the revision against the judgment of .

conviction and order of sentence, as referred to herein­ above, is likely to 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:

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(i) That the applicant shall furnish personal bond in the sum of Rs. 50,000/­, 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 40% of the compensation amount, with the learned trial Court, within a period of four weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant;

8. The application is, thus, disposed of.

9. 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 on or before the next date of hearing.

(Virender Singh) Judge July 7, 2023 (kalpana) ::: Downloaded on - 07/07/2023 21:09:24 :::CIS