Himachal Pradesh High Court
Suresh Kumar vs . Rameshwar Dass on 10 March, 2023
Author: Virender Singh
Bench: Virender Singh
Suresh Kumar Vs. Rameshwar Dass .
Cr.MP(M) No. 2124 of 2022 10.03.2023. Present: Mr. Saurav Thakur, Advocate vice Mr. Sarthak Mehta, Advocate, for the petitioner.
Mr. Tek Chand Sharma, Advocate, for the respondent.
Cr.MP(M) No. 2124 of 2022 Reply not filed. However, in view of the no objection by the learned Counsel for the respondent, the delay of three years, four months and 15 days in filing the present Revision Petition is ordered to be condoned. The application is thus disposed of.
Cr. Revision Petition No. /2022
2. Vide order of the even date passed in Cr.MP (M) No. 2124 of 2022, the delay in filing the present Revision Petition has been ordered to be condoned.
3. Certain arguable points are involved in the present Revision Petition, as such, the Revision Petition is admitted for hearing.
4. Let the record be requisitioned for the next date.
Cr.M.PST No. 6871 of 20225. By way of the present application, the applicant-
petitioner has sought suspension of the sentence as awarded by the learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla (hereinafter referred as 'Trial Court') in Criminal ::: Downloaded on - 13/03/2023 20:46:13 :::CIS Case No. 39-3/2016, titled as Rameshwar Dass vs. Suresh .
Kumar.
6. By way of the judgment of conviction dated 21.09.2017 and order of sentence dated 22.09.2017, the applicant/petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and ordered to undergo simple imprisonment for a period of six months and to pay a compensation of Rs. 85,000/-. The said judgment of conviction and order of sentence have been challenged before the learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, Distt. Shimla.. However, the appeal against the said judgment/order has been dismissed vide order dated 23.04.2019, against which the revision petition has been preferred before this Court, which has been admitted for hearing.
7. Certainly, the Revision Petition against the said order will take a long time, for its decision. As such, during the pendency of the Revision Petition, the operation of the order of sentence dated 22.09.2017, passed by the learned trial Court is ordered to be stayed, subject to furnishing a personal bond in the sum of Rs. 25,000/- by the petitioner, with one surety of the like amount, to the satisfaction of the learned trial Court, by giving an undertaking, to surrender before the learned trial Court, in case of ultimate dismissal of the Revision Petition to serve the remainder substantive sentence.
::: Downloaded on - 13/03/2023 20:46:13 :::CIS8. However, considering the statement of the learned .
Counsel appearing for the applicant/petitioner that the entire amount of compensation has already been deposited by the applicant, no order, with regard to the deposit of compensation is being passed in this application. The application is thus disposed of.
9. Let the report from the trial Court with regard to compliance of this order as well as the deposit of the amount as submitted by the learned Counsel, for the applicant, be called for.
List on 28.04.2022.
March 10, 2023 (Virender Singh)
(hemlata) Judge
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