Narender Kumar Vs Sh.D.D. Modgil Cr.MP(M) No. 2692 of 2025 03.02.2026. Present: Mr. Jeevesh Sharma, Advocate, for the petitioner. Mr. Vivek Thakur, Advocate, for respondent No.1. Mr. Sikander Bhushan, Deputy Advocate General, for respondent No.2. Cr.MP No. 5516 of 2025 For the reasons stated in the application, the same is allowed and the documents annexed with the application are taken on record. The application stands disposed of. Cr.MP(M)No. 2692 of 2025 Respondent No.1 is duly served. Mr. Vivek Thakur, Advocate has put in appearance on his behalf and has filed memo of appearance. Learned counsel further submits that Power of attorney on behalf of respondent No.1 shall be filed during the course of the day. By way of present application, the applicant/petitioner has prayed for condonation of delay in filing the revision petition. In view of the averments made in the application, coupled with the fact that the learned counsel representing respondent No.1 does not want to file any reply and further has no objection in case the delay is condoned. Accordingly application is allowed and delay in filing the revision petition is condoned. The application stands disposed of. Cr. Revision No._____ of 2026 (Cr.RST No 10641/2025) Be registered. Admit. Call for the records. Cr.MP No. _____of 2025 (CRMPST10642/2025) Be registered. By way of the present application, the applicant/petitioner has prayed for suspension of substantive sentence imposed upon him by the learned trial Court. The applicant/petitioner was convicted for the commission of offence punishable under Section 138 of the Negotiable Instruments Act by the learned Additional Chief Judicial Magistrate, Court No. II, Shimla H.P in case RBT No. 137-3 of 2018/2015, titled as D.D. Modgil versus Narender Kumar, on 05.10.2023 and vide order of the same date was sentenced to undergo simple imprisonment for six months and to pay fine double of the remaining due amount i.e. Rs. 1,20,000/- and in default of payment of fine, he shall further undergo simple imprisonment for two months. The applicant/petitioner had filed the appeal before learned Additional Sessions Judge-II, Shimla, District Shimla, H.P, which was dismissed on 3rd June, 2025. A perusal of the grounds of revision petition reveals that there are arguable points raised in the petition and the same is likely to take some time for final adjudication. The applicant/petitioner while filing Cr.MP No. 400 of 2026 has submitted that he was arrested by the police on 27.01.2026 and was produced before learned Chief Judicial Magistrate, Shimla who has sent him to Model Jail, Kanda to serve out the sentence imposed by the learned Court and the said order was affirmed by learned Additional Sessions Judge-II, Shimla. Keeping in view the fact that the revision petition has been admitted and further the same is likely to take some time for adjudication, therefore, the substantive sentence imposed upon the applicant/petitioner by the learned trial Court is suspended during the pendency of the revision petition and since the applicant has been taken into custody in pursuance to the order of conviction and sentence under challenge, the applicant/petitioner be released on bail in this case, on the following conditions:- 1. That the applicant shall furnish the personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court within four weeks from today. 2. That the applicant shall deposit 30% of the compensation amount, which comes to Rs.36,000/- within four weeks from today. In case the amount as ordered is not deposited, the substantive sentence imposed upon him shall be revived. 3. That the applicant shall furnish undertaking before the learned trial Court that in the event of dismissal of revision petition, he will surrender before the learned trial Court to undergo the substantive sentence imposed upon him within four weeks from today. List for consideration before the appropriate Bench on 16.03.2026. (Jiya Lal Bhardwaj) February 03, 2026 Vacation Judge [G.M}] Digitally signed by GAURAV MAHAJAN DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= c6bd2a85e05420a08ab58b177567a995f 5f6f0b3faea0bf2fa11d67c7dd67493, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= 5ed68e2a5af0aac567b8c75d8b3c94cf78 d2054b04d8358091711a3a3d11c53b, CN=GAURAV MAHAJAN Reason: I am approving this document Location: Date: 2026.02.03 17:45:32+05'30' Foxit PDF Reader Version: 2023.2.0 GAURAV MAHAJA N