IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMMO No. 495 of 2025 Date of Decision: 20.3.2026 _____________________________________________________________________ Rishi Rana ……...Petitioner Versus Bir Singh Malhotra (since deceased) through LRs. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Divya Raj Singh, Advocate. For the Respondents: Nemo. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Though respondents were duly served, but since there is no representation on their behalf, this court has no option but to decide the petition on the basis of material already available on record. 2. In nutshell, case of the petitioner is that while filing appeal against the judgment of conviction and order of sentence in complaint case filed under 138 of the Negotiable Instruments Act, prayer made by the petitioner for suspension of sentence though was accepted subject to deposit of 25% of the cheque amount and furnishing bail bonds to the sum of Rs. 50,000/-. Since accused had already deposited Rs. 1,63,000/- at the time of filing appeal No. 67 of 2016, which was allowed and matter was remanded back to the learned trial Court for fresh hearing, he requested before the court below to consider the amount already deposited in appeal preferred hereinabove to be deposited in terms of order passed on the 2 application for suspension of sentence, however such prayer of him was not accepted, rather he was made to withdraw the application. 3. Since order with regard to suspension of sentence has been already passed by the learned Sessions Judge and issue sought to be decided in the instant proceedings is with regard to transfer of amount deposited by the petitioner at the time of his filing appeal No. 67/2016, this Court sees no impediment in permitting the petitioner to withdraw the present petition as has been prayed for, reserving liberty to him to file fresh application for transfer of amount deposited in Appeal before the learned Sessions Judge in appeal No. 67/2016 to Cr.Appeal No. 17/2025. Ordered accordingly. Needless to say, court concerned while considering application filed by the petitioner shall take note of the fact that sum of Rs. 1,63,000/- already stands deposited with the learned trial Court (Annexure P-2). Since appeal pending before the learned Sessions Judge has arisen from the proceedings, which was remanded by the learned Sessions Judge in appeal No. 67/2016 to the court below, it is ordered that fresh prayer for suspension of sentence shall be made by the petitioner within two weeks, which shall be considered by the learned Sessions Judge in terms of observations made herein above, but till then, order of suspension passed by this Court in the instant proceedings shall remain in force. March 20, 2026 (Sandeep Sharma), (manjit) Judge