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High Court of Himachal Pradesh · body

2025 DAILYLAW 12313 (HP)

UTTAM CHAND v. THE KANGRA CENTRAL CO-OPERATIVE BANK LTD AND ANOTHER

CRMPM/926/2025 · 2025-05-05

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Uttam Chand Vs. Kangra Central Cooperative Bank Ltd. & Anr. Cr.MP(M) No.926 of 2025 05.05.2025 Present: Mr. Ashwani K. Sharma, Advocate for the applicant. Mr. Sohan Singh Rathore, Advocate for respondent No.1. Mr. Varun Chandel, Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General, for respondent No.2/State. Service is complete. 2. In view of the no objection, 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.926 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 after eight weeks. CrMPST No.3151 of 2025 7. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 23.02.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Hamirpur, District Hamirpur, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint Case No.85-II-2-17, titled as ‘The Kangra Central Co- operative Bank Ltd. Vs. Uttam Chand’. 8. Vide judgment of conviction and order of sentence dated 23.02.2024, 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 six months and to pay a compensation of Rs.1,79,000/- to the complainant. 9. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.31 of 2024, titled as ‘Uttam Chand Vs. The Kangra Central Cooperative Bank Ltd. & Anr.’, before the Court of learned Sessions Judge, Hamirpur, H.P. (hereinafter referred to as the ‘Appellate Court’). However, the said Criminal Appeal was dismissed, vide judgment dated 26.09.2024. 10. Feeling dissatisfied from the said judgment, the present Criminal Revision Petition has been preferred. 11. The applicant is stated to be in judicial custody, in this case. As such, a prayer has been made to release him on bail, during the pendency of the revision petition, by suspending the order of sentence dated 23.02.2024, passed by the learned trial Court. 12. Since, the present Criminal Revision Petition, is likely to take sufficient long time, for its disposal, as such, order of sentence dated 23.02.2024, passed by the learned trial Court, is ordered to be suspended and the applicant, who is presently lodged in District Jail, Hamirpur, District Hamirpur, H.P, is ordered to be released on bail, in this case, during the pendency of the present revision petition, 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) That the applicant shall deposit 50% 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 four 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. May 05, 2025 ( Virender Singh ) (Gaurav Thakur) Judge Digitally signed by RAJNI Date: 2025.05.05 18:13:46 IST