Bharat Bhushan @Ishu Vs. Gopal Chauhan CrMP(M) No.888 of 2025 29.05.2025 Present: Mr. Jeevesh Sharma, Advocate for the applicant. None for the respondent. Despite service of notice, no one has put appearance, on behalf of the respondent. Further adjournment, for this purpose, is not justifiable. 2. Heard. 3. By way of the present application, indulgence of this Court has been sought to condone the delay in filing the accompanying Criminal Revision Petition, which, as per the report of Registry, is 248 days. 4. The delay has mainly been sought to be condoned, on the ground that father-in-law of the applicant is suffering from terminal illness and was admitted in Mandav Super Specialty Hospital, Mandi. The application is duly supported by the affidavit of the applicant, as well as, the documents. 5. Since, the respondent, despite service of notice, has not bothered to put appearance and to controvert the explanation, as mentioned in the application, as such, in view of the uncontroverted stand, duly supported by the affidavit, this Court is satisfied with the explanation, as mentioned in the application. 6. Accordingly, the application, under consideration, is allowed and the delay in filing the accompanying Criminal Revision Petition is ordered to be condoned. 7. Application is, thus, disposed of. Cr. Revision No._______ of 2025 8. Vide order of the even date, passed in CrMP(M) No.888 of 2025, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Be registered. 9. Let, notice of the petition be issued to the respondent for 17.07.2025, on taking steps, within a period of seven days, from today. CrMPST No.3208 of 2025 10. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 02.03.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P. (hereinafter referred to as the ‘trial Court’), in Criminal Case No.71/2020, titled as, ‘Gopal Chauhan Vs. Bharat Bhushan’. 11. Vide judgment of conviction dated 27.02.2023 and order of sentence dated 02.03.2023, the learned trial Court has convicted the petitioner 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 one year and to pay a compensation of Rs.39,40,000/- to the complainant. 12. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.RBT 13-T/10 of 2024/2023, titled as ‘Bharat Bhushan Vs. Gopal Chauhan’, before the Court of learned Additional Sessions Judge, Rohru, Camp at Theog, District Shimla, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide judgment dated 17.08.2024. 13. Now, the petitioner is before this Court by way of the present Criminal Revision Petition, which is likely to take sufficient long time, for its disposal, as such, during the pendency of the present revision petition, the order of sentence dated 02.03.2023, 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) That the applicant shall deposit 20% 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. 14. Application is, thus, disposed of. 15. 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 29, 2025 ( Virender Singh ) (Gaurav Thakur) Judge