Ram Saran versus Hem Chand Thakur Cr. Revision No. of 2025 16.06.2025 Present: Mr. Hemant Kumar Sharma, Advocate, for the petitioner. None for the respondent. Cr. MP (M) No.1131 of 2025 Petitioner-Ram Saran has filed the accompanying revision petition against the judgment dated 04.11.2023, passed by the Court of learned Sessions Judge, Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No.26-S/10 of 2023, titled as Ram Saran Vs. Hem Chand Thakur. Vide judgment dated 04.11.2023, the learned Appellate Court has dismissed the appeal filed by petitioner Ram Saran, against the judgment of conviction and order of sentence, dated 30.06.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Shimla (hereinafter referred to as ‘the trial Court’), in Complaint No.221-3-2017/14, titled as Hem Chand Thakur versus Ram Saran. Vide judgment of conviction and order of sentence, dated 30.06.2023, the learned trial Court, has convicted the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment, for a period of three months and to pay a compensation of Rs.1,50,000/- to the complainant. Since the accompanying revision petition has been preferred after the prescribed period of limitation, as such, the present application has been moved for condonation of delay, which, as per the report of the Registry, is one year six months and two days. The delay has mainly been sought to be condoned on the ground that the applicant is senior citizen, aged about 80 years, residing in a remote village and is suffering from various old age related ailments. In addition to this, the applicant has put forward his ignorance with regard to the decision of the learned Appellate Court. The application is supported by the affidavit of the applicant. Notices of the application were issued to non-applicant Hem Chand Thakur. Despite service, no one has bothered to put appearance and to contest the application. In such situation, when the allegations remain uncontroverted, this Court is fully satisfied with the explanation as put forward by the applicant in the present application. Even otherwise, the applicant is not going to achieve anything, by not preferring the accompanying revision petition within the stipulated period, had he not been prevented to do so by the circumstances as mentioned in the application. As such, the present application is allowed and the delay of one year six months and two days, as occurred in filing the accompanying revision petition is ordered to be condoned. The application stands disposed of. Cr. Revision No. of 2025 Be registered. There are certain arguable points involved in the present petition, as such, notices be issued to the respondent for 4th August, 2025, on taking steps within a period of seven days. Cr.MPST No.3827 of 2025 Since the disposal of the revision, filed by the petitioner, against the judgment of conviction and order of sentence, as referred to herein-above, will take sufficient long time, as such, the order of sentence dated 30.06.2023, is suspended during the pendency of the revision, 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 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 cheque amount, with the learned trial Court, within a period of eight 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 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 within a period of eight weeks. (Virender Singh) Judge June 16, 2025 (ps)