Virender Singh versus Shiva Agro Chemicals Cr. Revision No. of 2025 27.02.2025 Present: Mr. Shyam Singh Chauhan, Advocate, vice Mr. Harish Chauhan, Advocate for the petitioner. Mr. Rakesh Thakur, Advocate, vice Mr. Jaidev Thakur, Advocate, for the respondent. Cr.MP (M) No.1587 of 2024 Applicant-Virender Singh has filed the accompanying revision petition against the judgment dated 19.03.2024, passed by the Court of learned Additional Sessions Judge, Rohru, District Shimla, H.P. (hereinafter referred to as ‘the First Appellate Court’), in Criminal Appeal No.108-R/10 of 2023, titled as Virender Singh Vs. Shiva Agro Chemicals. 2. Vide judgment dated 19.03.2024, the learned First Appellate Court has dismissed the appeal filed by the applicant, against the judgment of conviction dated 03.07.2023 and order of sentence, dated 17.07.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., (hereinafter referred to as ‘the trial Court’), in Criminal Case No.335-3 of 2021/20, titled as Shiva Agro Chemicals versus Virender Singh. 3. Vide judgment of conviction, dated 03.07.2023, and order of sentence, dated 17.07.2023, the learned trial Court, has convicted the applicant for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment, for a period of eight months and to pay a compensation of Rs.2,50,000/- to the complainant. In default of payment of compensation, he has further been directed to undergo simple imprisonment for a period of two months. 4. Since, the revision petition has been filed, by the petitioner, after the prescribed period of limitation, as such, the present application under Section 5 of the Limitation Act, has been filed for condonation of 15 days delay, in filing the same. 5. Although, the reply to the application has not been filed, however, the prayer, so made, in the application, has been opposed by tooth and nail, by arguing that there is no sufficient cause to condone the delay in not filing the appeal within the prescribed period of limitation. Thus, a prayer has been made to dismiss the application. 6. Heard. 7. The applicant has been convicted and sentenced by the learned trial Court, as mentioned above. The applicant is going to achieve nothing, in not preferring the appeal within time, had he not been prevented to do so, by the circumstances mentioned in the application. Moreover, the matter should be decided on merits and not on the ground of technicalities. 8. Considering all these facts, the application is allowed and the delay in filing the revision petition is condoned. The application stands disposed of. Cr. Revision No. of 2025. 9. Vide order of the even date, passed in Cr.MP(M) No. 1587 of 2024, the delay in filing the revision petition has been ordered to be condoned, as such, the revision petition be registered. Service is complete. Admit. Cr.MP No.546 of 2025 10. 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 17.07.2023, 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.40,000/-, 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 50% of the compensation amount, 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. 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. List on 8th May, 2025. (Virender Singh) Judge February 27, 2025 (ps)