Himachal Pradesh High Court
Satpal vs . Gold Link Finance on 4 November, 2022
Author: Virender Singh
Bench: Virender Singh
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Satpal vs. Gold Link Finance Cr. Revision No.594/2022 4.11.2022 Present: Mr. Ashwani Kaundal, Advocate, for the petitioner.
Notice be issued to the respondent returnable for 16th December, 2022, on taking steps within one week. Cr. MP No.3377/2022
Notice in the aforesaid terms.
By virtue of the present application, under Section 397 of the Code of Criminal Procedure, the applicant has sought the suspension of sentence, passed by the learned Judicial Magistrate First Class, Court No.3, Shimla, District Shimla, H.P, in Case No.387-3 of 2016, dated 27.05.2022 and affirmed by the learned Additional Sessions Judge-I, Shimla, vide judgment dated 31.08.2022.
By virtue of the said order, the learned trial Court has convicted and sentenced the applicant to undergo simple imprisonment for one year and six months, for the commission of offence, punishable under Section 138 of the Negotiable Instruments Act and to pay compensation of Rs.3,41,000/-. Vide order, dated 31.8.2022, passed by the Court of learned Additional Sessions Judge-I, Shimla, District Shimla, H.P, the appeal of the applicant-petitioner has been partly allowed and the sentence has been reduced from one year and six months to six months.
Accordingly, 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 surety of the like amount, to the satisfaction of the learned trial Court, within a period of four weeks, with an undertaking that in the event of dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence;::: Downloaded on - 07/11/2022 20:31:43 :::CIS
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(ii) That the applicant shall deposit 50% of the compensation amount, including the amount, which has already been deposited by him. 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 six weeks. Cr. MP No.3378/2022
The application is disposed of with a direction to the applicant-petitioner to file certified copy of judgment and sentence passed by the learned trial Court within a period of four weeks from today.
( Virender Singh ) Judge 4th November, 2022 (CS) ::: Downloaded on - 07/11/2022 20:31:43 :::CIS