Gulam Rasul vs. Dinesh Kumar & Anr. Cr.MP(M) No.1143 of 2025 04.06.2025 Present: Mr. Sanjay Kumar Sharma, Advocate, vice Mr. Mohan Singh, Advocate, for the applicant. Mr. Harish Sharma, Advocate, for respondent No.1. Mr. Tejasvi Sharma and Mr. Mohinder Zharaick, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, for respondent No.2/State. Cr.MP No.1909 of 2025 1. For the reasons stated in the application, delay in refiling the present petition is ordered to be condoned. 2. The application is, thus, disposed of. Cr.MP No.1143 of 2025 3. By way of the present application, filed under Section 5 of the Limitation Act, delay of 143 days, in filing the accompanying revision petition has been sought to be condoned. 4. In view of the no objection made by learned counsel for respondents No.1 and 2, delay in filing the revision petition is ordered to be condoned. 5. The application is, thus, disposed of. Cr. Revision No. ……of 2025 6. Vide order of even date, passed in CMP(M) No. 1143 of 2025, delay in filing the present revision petition has been ordered to be condoned. 7. Be registered 8. Records of the learned trial Court, as well as, the learned First Appellate Court be requisitioned. Cr.MPST No.1434 of 2025 9. By way of the present application, which has been filed, under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner/applicant has sought the suspension of sentence imposed upon him, vide judgment of conviction and order of sentence dated 22.08.2023, passed by the learned Judicial Magistrate First Class, Indora, District Kangra, H.P., (hereinafter referred to as the trial Court), in Criminal Complaint No.113-III/2022, titled as ‘Dinesh Kumar versus Gulam Rasul’. 10 Vide judgment of conviction and order of sentence dated 22.08.2023, the learned trial Court has convicted the petitioner/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 one year and to pay compensation of Rs.9,00,000/-. In default of payment of compensation, he has been undergone simple imprisonment for two months. The judgment of conviction and order of sentence passed by the learned trial Court has been affirmed by the learned Additional Sessions Judge, Nurpur, District Kangra, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 13.12.2024, passed in Criminal Appeal No.50-X/23, titled as ‘Gulam Rasul versus Dinesh Kumar’. 11. Since, the present Criminal Revision Petition, preferred against the judgment of conviction and order of sentence, as referred to hereinabove, 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 22.08.2023, 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 30% 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 any, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court. 12. Application is, thus, disposed of. 13. 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. (Virender Singh) Judge June 04, 2025 (subhash)