Himachal Pradesh High Court
Pawan Kumar vs Shashi Kant on 10 August, 2023
Author: Virender Singh
Bench: Virender Singh
Pawan Kumar Vs Shashi Kant Cr. MP(M) No. 22 of 2023 .
10.8.2023 Present: Mr. Vinod Thakur, Advocate, for the applicant/petitioner.
Ms. Kiran Lata Negi, Advocate, for the respondent.
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The present revision petition has been filed of against the judgment dated 9.5.2022, passed by the learned Additional Sessions Judge, Hamirpur, District rt Hamirpur (hereinafter referred to as 'the Appellate Court). Vide judgment dated 9.5.2022, the learned Appellate Court has dismissed the appeal of the applicant, which has been filed, against the judgment of conviction, dated 20.1.2022 and order of sentence, dated 31.1.2022, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Hamirpur (hereinafter referred to as 'the trial Court').
2. Vide judgment of conviction and order of sentence, the applicant has been convicted for the offence, punishable under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as 'the N.I. Act') and sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 5,00,000/- .
3. Since, the revision petition has been filed, after prescribed period of limitation, as such, the present application has been filed, for condonation of delay.
::: Downloaded on - 10/08/2023 20:38:36 :::CIS4. The application is duly supported by affidavit of the applicant.
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5. Considering the factual position, as mentioned in the application, this Court is satisfied that the applicant is not going to achieve anything by filing the present petition, after prescribed period of of limitation, had he not been prevented to do so by the reasons, mentioned in the application.
rt
6. Accordingly, the present application is allowed and delay in filing the present revision petition is condoned. The application is, thus, disposed of.
Cr. Revision No.
7. Be registered.
8. Call for the record of learned trial Court and learned Appellate Court, for the next date of hearing. List on 21.9.2023.
Cr.M.P. No. _______ Be registered.
9. By way of present application, under Section 397 (1) of the Code of Criminal Procedure, the petitioner/applicant has sought the suspension of order of sentence, dated 31.1.2022, passed by the learned trial Court, in criminal complaint No. 33-III-
2015, and affirmed by the learned Appellate Court, in Criminal Appeal No. 2 of 2022, vide judgment, dated 9.5.2022.
::: Downloaded on - 10/08/2023 20:38:36 :::CIS10. Since the revision petition, against the judgment of conviction and order of sentence, as .
referred to 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:
of
(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, rt 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 amount of compensation, 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.
11. The application is, thus, disposed of.
12. 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 August 10, 2023 (kalpana) ::: Downloaded on - 10/08/2023 20:38:36 :::CIS