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2025 DAILYLAW 15794 (HP)

MOHAN LAL v. M/S SHRIRAM FINANCE LIMITED

CRMMO/508/2025 · 2025-06-17

Virender Singh

body2025

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 508 of 2025 Decided on: 17.6.2025 Mohan Lal … Petitioner Versus M/s Shriram Finance Limited Branch …Respondent _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioner : Mr. Karan Vir Singh, Advocate vice Ms. Kiran Lata Negi, Advocate. For the Respondent : Nemo Virender Singh, Judge (oral) By way of present petition, indulgence of this Court has been sought to extend the time to comply with the order dated 19.2.2025, passed by the Court of learned Sessions Judge, Shimla, District Shimla, H.P., in Cr. Appeal No. 1522 of 2019, titled as, ‘Mohan Lal Vs. M/s Shriram Finance Ltd.’. 2. As per the factual position, as mentioned in the application, the petitioner has been convicted by the Court of learned Addl. Chief Judicial Magistrate, Court No. 2, Shimla, District Shimla, H.P., in a complaint, filed under Section 138 of the N.I. Act, titled as, ‘M/s Shriram Finance Ltd. Vs. Mohan 2 Lal’. Vide judgment of conviction and order of sentence, dated 14.1.2025, the petitioner was sentenced to undergo simple imprisonment for a period of two months and to pay fine of Rs. 60,000/-, as compensation. 3. Against the said judgment of conviction and order of sentence, petitioner had preferred the appeal, before the learned Sessions Judge, Shimla. Alongwith the appeal, the application for suspension of sentence had also been filed, which was allowed by the Court of learned Sessions Judge, Shimla, vide order dated 19.2.2025, subject to the condition that he shall deposit 20% of the cheque amount, and furnish bail bonds to the tune of Rs. 25,000/- within a period of 30 days, from the date of passing of the order. 4. Admittedly, the said order has not been complied with. Thereafter, the petitioner has moved another application, before the Court of learned Sessions Judge, Shimla, which was allowed on 29.3.2025, and the time was extended to comply with the order dated 19.2.2025, on or before 25.4.2025. Again, the said order has not been complied with. 5. Thereafter, another application has been filed, which was dismissed by the learned Sessions Judge, Shimla, on 15.5.2025. 3 6. Now, by way of present application, indulgence of this Court has been sought to extend the time to comply with the orders dated 19.2.2025 and 29.3.2025. 7. In view of the factual position, orders dated 19.2.2025 and 29.3.2025 be complied with, within two weeks, from today, i.e. on or before 1.7.2025, failing which, consequences, as ordered by learned Sessions Judge, Shimla, in order dated 15.5.2025, shall ensue. 8. With these observations, the petition is disposed of. (Virender Singh) Judge 17.6.2025 Kalpana