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High Court of Himachal Pradesh · body

2025 DAILYLAW 10129 (HP)

Chaman Lal v. Allwyn Mine Chem Insutries

CRMPM/690/2025 · 2025-04-08

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Chaman Lal Vs. Allwyn Mine Chem Industries CrMP(M) No.690 of 2025 08.04.2025 Present: Mr. Virender Chauhan and Ms. Vandana Thakur, Advocates for the applicant. Mr. Peeyush Verma, Senior Advocate, with Mr. Ajay Kumar, Advocate for the respondent. Service is complete. 2. In view of the no objection, made by learned counsel, appearing for the respondent, the delay in filing the accompanying Criminal Revision Petition is ordered to be condoned. 3. Application is, thus, disposed of. Cr. Revision No._______ of 2025 4. Vide order of the even date, passed in CrMP(M) No.690 of 2025, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Be registered. 5. Admit. 6. Call for the records. 7. List after eight weeks. CrMPST No.2405 of 2025 8. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 17.01.2023, passed by the Court of learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint No.147/3 of 2021, titled as ‘M/s Allwyn Mine Chem Industries Vs. M/s Chaman Trading Co. & Anr.’. 9. Vide judgment of conviction and order of sentence, dated 17.01.2023, the learned trial Court has convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’) and sentenced him to pay a fine of Rs.20,00,000/- to the complainant. In case of non-payment of fine, the applicant has been directed to undergo simple imprisonment for a period of six months. 10. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.23-Cr.A./10 of 2023, titled as ‘Chaman Lal Vs. Allwyn Mine Chem Industries’, before the Court of learned Sessions Judge, Sirmaur District at Nahan, H.P. (hereinafter referred to as the ‘Appellate Court’). However, the said Criminal Appeal was dismissed, vide judgment dated 21.10.2024. 11. Feeling dissatisfied from the said judgment, the present Criminal Revision Petition has been preferred. 12. Since, the present Criminal Revision Petition has been admitted for hearing and is likely to take sufficient long time, for its disposal, as such, during the pendency of the present revision petition, the order of sentence is ordered to be suspended, subject to the following conditions: (i) That the applicant shall furnish personal bond in the sum of Rs.50,000/-, along with one surety of the like amount, to the satisfaction of the learned trial Court, within a period of eight weeks from today, with an undertaking that he will surrender before the learned trial Court to serve the remainder substantive sentence, in case of ultimate dismissal of the present revision petition, by this Court; (ii) That the applicant shall deposit 30% of the total amount of compensation, which has been referred to by the learned trial Court as fine, with the learned trial Court, within a period of eight weeks from today, which shall be in addition to the amount, if not, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court. 13. Application is, thus, disposed of. 14. A copy of this order be sent to the learned trial Court, with a direction that the report of compliance of this order be submitted to this Court. April 08, 2025 ( Virender Singh ) (Gaurav Thakur) Judge