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Pushap Raj vs Ram Dhan on 9 February, 2018

Bench: Ranjan Gogoi, R. Banumathi

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     ITEM NO.36                              COURT NO.3             SECTION II-C

                                S U P R E M E C O U R T O F     I N D I A
                                        RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) NO(S)……………………/2018
                                            DIARY NO(S). 2030/2018
     (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 28-12-2016
     IN CR NOS.1/2016, 2/2016 AND 3/2016 AND DATED 13/12/2017 IN CRMP
     NO.1398/2017 IN CR    NO.3/2016, CRMP NO.1399/2017 IN CR NO.2/2016
     AND CRMP NO.1400/2017 IN CR NO.1/2016 PASSED BY THE HIGH COURT OF
     HIMACHAL PRADESH AT SHIMLA)

     PUSHAP RAJ                                                      PETITIONER(S)

                                                    VERSUS

     RAM DHAN                                         RESPONDENT(S)
     (FOR ADMISSION AND I.R. AND IA NO.16186/2018-CONDONATION OF DELAY
     IN FILING AND IA NO.16189/2018-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT)

     Date : 09-02-2018 These petitions were called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE RANJAN GOGOI
                          HON'BLE MRS. JUSTICE R. BANUMATHI

     For Petitioner(s)
                                         Ms. Radhika Gautam, AOR

     For Respondent(s)


                           UPON hearing the counsel the Court made the following
                                              O R D E R

Heard the learned counsel for the petitioner and perused the relevant material.

Delay condoned.

Exemption from filing certified copy of the impugned Signature Not Verified order is granted.

VINOD LAKHINA Date: 2018.02.09

Issue notice.

17:35:22 IST Reason:

The accused petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for one year. He has been in custody for a period of nearly five months now. Taking into account the period of custody suffered and also the fact that the matter has now been settled/compromised between the parties we are inclined to release the accused petitioner on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Mandi, H.P. in connection with Cases bearing No.1245-III/13/12, 430/III/13/12 and 1117/III/13/12 under Section 138 of the Negotiable Instruments Act, 1881..

The learned Chief Judicial Magistrate, Mandi, H.P.is free to impose appropriate condition(s) as he deems fit.

 [VINOD LAKHINA]                        [TAPAN KUMAR CHAKRABORTY]
     AR-cum-PS                                 BRANCH OFFICER