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2025 DAILYLAW 1361 (HP)

RAVI DUTT v. SUNIL KUMAR

CRMPM/2958/2025 · 2026-01-01

Virender Singh

body2025

Judgment text

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Ravi Dutt vs. Sunil Kumar Cr.MP(M) No.2958 of 2025 01.01.2026 Present: Mr. N.K. Tomar, Advocate, for the applicant. Mr. Kunal Thakur, Advocate, for the respondent. Service is complete. Cr.MP(M) No.2958 of 2025 In view of no objection made by learned counsel for the non-applicant/respondent, delay in filing the present Cr. Revision is ordered to be condoned. The application is, thus, disposed of. Cr. Revision No._____of 2026 Vide order of even date passed in Cr.MP(M) No. 2958 of 2025, delay in filing the present Cr. Revision has been ordered to be condoned. Be registered. Call for the records. List on 19.03.2026. Cr.MP No.10543 of 2025 By way of present application, under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner/applicant has sought the suspension of order of sentence, dated 30.04.2022, passed by the learned Judicial Magistrate First Class, Rajgarh, District Sirmaur, H.P., (hereinafter referred to as ‘the trial Court’), in Case No. 113/2018, titled as, ‘Sunil Kumar versus Ravi Dutt’, whereby the learned trial Court, vide judgment of conviction and order of sentence dated 30.04.2022, has convicted the applicant, for the commission of offence, under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for a period of six months and to pay fine of Rs. 1,10,000/-. In case of default, he has been sentenced to further undergo simple imprisonment, for a period of three months. The said judgment of conviction and order of sentence have been affirmed by the learned Additional Sessions Judge, Nahan, District Sirmaur, H.P. (hereinafter referred to as ‘the Appellate Court’), vide judgment dated 11.08.2025, in Cr. Appeal No. 56-N/4 of 2022, titled as, ‘Ravi Dutt versus Sunil Kumar’. Since the revision against the judgment of conviction and order of sentence, as referred to above, will take sufficient long time, for its disposal, as such, the order of sentence dated 30.04.2022, is suspended during the pendency of the present Cr. revision, subject to the following conditions: (i) That applicant shall furnish personal bond in the sum of Rs. 50,000/-, alongwith 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 in the event of final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence; (ii) That the applicant shall deposit 30% of the total amount of fine, with the learned trial Court, within a period of four weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant; (iii) That the applicant shall not leave the country without the prior permission of the Court. The application is, thus, disposed of. A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court, on or before the next date of hearing (Virender Singh) Judge January 01, 2026 (subhash)