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High Court of Himachal Pradesh · body

2025 DAILYLAW 11608 (HP)

PARATAP CHAND v. SHAILENDRA SHRIVASTAVA

CRMPM/963/2025 · 2025-05-05

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Pratap Chand Vs. Shailendra Shrivastava Cr.MP(M) No.963 of 2025 05.05.2025 Present: Mr. Deepanshu Bindal, Advocate vice Mr. Hemant K. Thakur, Advocate for the applicant. Mr. Rupinder Verma, Advocate for the respondent. Service is complete. 2. In view of the no objection, made by learned counsel, appearing for the respondent, the application, under consideration, is allowed and 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.963 of 2025, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Be registered. 5. Call for the records. 6. List on 13.05.2025. CrMPST No.2925 of 2025 7. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 12.03.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint Case No.51/2021, titled as ‘Shailendra Shrivastava Vs. Paratap Chand’. 8. Vide judgment of conviction dated 07.03.2024 and order of sentence dated 12.03.2024, 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 undergo simple imprisonment for a period of three months and to pay a compensation of Rs.1,50,000/- to the complainant. 9. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.33-S/10 of 2024, titled as ‘Paratap Chand Vs. Shailendra Shrivastava’, before the Court of learned Additional Sessions Judge (CBI Court), Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’). However, the said Criminal Appeal was dismissed, vide judgment dated 18.07.2024. 10. Feeling dissatisfied from the said judgment, the present Criminal Revision Petition has been preferred. 11. Since, the present Criminal Revision Petition, is likely to take sufficient long time, for its disposal, as such, during the pendency of the present revision petition, order of sentence dated 12.03.2024, passed by the learned trial Court, 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 four 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) The applicant shall not leave the territory of India without the prior permission of the Court. 12. Considering the fact that the matter is stated to have compromised and this fact is duly acknowledged by the learned counsel for the respondent, the condition, with regard to the deposit of the compensation amount, has not been imposed, upon the applicant. 13. With these observations, the present application is disposed of. May 05, 2025 ( Virender Singh ) (Gaurav Thakur) Judge