Arun Kalta vs . Rajeev on 19 January, 2023

[Cites 2, Cited by 16]

Himachal Pradesh High Court

Arun Kalta vs . Rajeev on 19 January, 2023

Bench: Virender Singh

            Arun Kalta         Vs.             Rajeev




                                                         .

                                     Cr. Revision No. 49 of 2023

19.1.2023   Present:     Mr. Surinder Saklani, Advocate, for





                         the petitioner.

                         Heard.

2. There are certain arguable points involved in the present Cr. Revision Petition, as such the same is admitted for hearing.

3. Let notice be issued to the respondent, returnable for 28.2.2023, on taking steps within one week.

Cr. M.P. No. 307 of 2023

4. By virtue of the present application, under Section 389 of the Code of Criminal Procedure, the applicant Arun Kalta has sought the suspension of sentence, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Rohru, in Criminal Case No. 171/3 of 2018, vide judgment/order dated 1.2.2020/16.3.2020 and affirmed by the learned Additional Sessions Judge (CBI), Shimla, vide judgment dated 19.10.2022, in Criminal Appeal No. 38 of 2021.

5. By virtue of the said order, the learned trial Court has convicted and sentenced the applicant Arun Kalta to undergo simple ::: Downloaded on - 19/01/2023 20:31:29 :::CIS 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 compensation of Rs. 3,00,000/ to the complainant.

6. Since the revision against the said order has been admitted for hearing, which is likely to take 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. 30,000/, alongwith one surety of the like amount, to the satisfaction of the learned trial Court, within a period of six 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 a sum of Rs.

50,000/ of the total amount of compensation with the learned trial Court ,within a period of six weeks from today.

7. The application is, thus, disposed of.

8. A copy of this order be sent to the learned trial Court, with the direction that the report of ::: Downloaded on - 19/01/2023 20:31:29 :::CIS compliance of this order be submitted to this .

Court within a period of six weeks.

9. Petitioner/applicant may produce a downloaded copy of the order passed by the Court before the learned trial Court and the learned trial Court shall not insist for the certified copy of order, rather passing of order can be verified from the webpage of this Court.

Cr. M.P. No. 309 of 2023

10. The application is allowed with the direction to the petitioner to file certified copy of the trial Court judgment, on or before the next date of hearing. The application stands disposed of.

(Virender Singh) Vacation Judge January 19, 2023 (Kalpana) ::: Downloaded on - 19/01/2023 20:31:29 :::CIS

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court