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High Court of Himachal Pradesh · body

2025 DAILYLAW 15877 (HP)

SURESH KUMAR v. PNB AND ANOTHER

CRMPM/1347/2025 · 2025-06-16

Virender Singh

body2025

Judgment text

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Suresh Kumar vs. Punjab National Bank & Anr. Cr.MP(M) No.1347 of 2025 16.06.2025 Present: Mr. Dipankar S. Bagga, Advocate, for the petitioner. Mr. Sanjay Dalmia, Advocate, for respondent No.1. Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General, for respondent No.2/State. 1. Service is complete. 2. In view of the no objection, made by learned counsel, appearing for the respondents, the application, under consideration, is allowed and the delay in filing the accompanying Criminal Revision Petition is ordered to be condoned. 3. Application is, thus, disposed of. Cr. Revision No._______ of 2025 4. Vide order of the even date, passed in Cr.MP(M) No.1347 of 2025, the delay in filing the Criminal Revision Petition has been ordered to be condoned. 5. Be registered. 6. Call for the records. 7. List on 04.08.2025. Cr.MPST No.4614 of 2025 8. By way of the present application, which has been filed, under Section 438(1) 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 19.09.2023, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Una, H.P., (hereinafter referred to as the trial Court), in Complaint Case No.112-II/2022, titled as ‘Punjab National Bank versus Suresh Kumar’. 9. Vide judgment of conviction and order of sentence dated 19.09.2023, 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.2,58,000/-. The judgment of conviction and order of sentence passed by the learned trial Court has been affirmed by the learned Sessions Judge, Una, District Una, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 14.02.2025, passed in Criminal Appeal No.185 of 2023, titled as ‘Suresh Kumar versus Punjab National Bank’. 10. 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 19.09.2023, 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 20% 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. 11. Application is, thus, disposed of. 12. 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 16, 2025 (subhash)