Himachal Pradesh High Court
Madan Lal vs . Bhupinder Kumar & Anr. on 28 July, 2025
Author: Virender Singh
Bench: Virender Singh
Madan Lal Vs. Bhupinder Kumar & anr.
Cr. Revision No. 423 of 2025 .
28.7.2025 Present: Mr. Dipankar S. Bagga, Advocate, for the petitioner.
Mr. H.S. Rawat, Addl. A.G., for
respondent No. 2.
Notice. Mr. H.S. Rawat, learned Addl. A.G. appears and waives service of notice on behalf of respondent No. 2. Notice be issued to respondent No. 1, on steps being taken within a week, returnable for 22.9.2025.
Cr. M.P. No. 3230 of 2025 By way of the present application, under Section 438 (1) of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'the BNSS'), the petitioner/applicant has sought the suspension of order of sentence, dated 6.5.2024, passed by the learned Addl. Chief Judicial Magistrate, Court No. 1, Sundernagar, District Mandi, H.P. (hereinafter referred to as 'the trial Court'), in case No. 376 of 2017, titled as, 'Bhupender Kumar versus Madan Lal', whereby the learned trial Court, vide judgment of conviction, dated 2.5.2024, and order of sentence dated 6.5.2024, has convicted the applicant, for the commission of offence, punishable under Section 138 of N.I Act and vide order of sentence dated 6.5.2024, ::: Downloaded on - 28/07/2025 21:30:42 :::CIS sentenced him to undergo simple imprisonment, for a term of one year, and to pay compensation of Rs.
.
2,40,000/-.
The said judgment of conviction and order of sentence have been affirmed by the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P. (hereinafter referred to as 'the Appellate Court'), vide judgment dated 14.5.2025 in Cr. Appeal No. 32 of 2024, titled as, 'Madan Lal versus Bhupender Kumar'.
Since the revision 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 dated 6.5.2024, 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 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 30% of the total amount of compensation, with the learned trial Court, within a period of eight weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant;
(iii) That the applicant shall not leave the country without the prior permission of the Court.::: Downloaded on - 28/07/2025 21:30:42 :::CIS
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, on or before the next date of hearing.
(Virender Singh) Judge July 28, 2025 (kalpana) ::: Downloaded on - 28/07/2025 21:30:42 :::CIS