Roop Lal v. Himachal Pradesh Gramin Bank AND ANOTHER
CRMPM/1296/2025 · 2025-06-05
Virender Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 16228 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16228 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Roop Lal Vs. HP Gramin Bank & Anr. CrMP(M) No.1296 of 2025
05.06.2025 Present: Mr. Gurdev Negi, Advocate for the applicant. Mr. K.B. Khajuria, Advocate for respondent No.1. Mr. Tejasvi Sharma, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General, for respondent No.2. Service is complete. 2. In view of the no objection, made by learned counsel, appearing for the respondent, 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 CrMP(M) No.1296 of 2025, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Be registered. 5. Call for the records. 6. List on 03.07.2025. CrPMST No.4785 of 2025
7. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 04.03.2023, passed by the Court of learned Judicial Magistrate First Class, Thunag, District Mandi, H.P. (hereinafter referred to as the ‘trial
Court’), in Complaint No.317/2022, titled as, ‘HP Gramin Bank Vs. Roop Lal’. 8. Vide judgment of conviction and order of sentence dated 04.03.2023, the learned trial Court has convicted the petitioner 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 six months and to pay a compensation of Rs.7,80,000/- to the complainant. In default of payment of fine, he has been further sentenced to undergo simple imprisonment for a period of one month. 9. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.45 of 2023, titled as ‘Roop Lal Vs. HP Gramin Bank & Anr.’, before the Court of learned Sessions Judge, Mandi Division Mandi, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide judgment dated 01.12.2023. 10. Now, the petitioner is before this Court by way of the present Criminal Revision Petition. 11. It has been submitted by learned counsel, appearing for the petitioner, that the petitioner is in judicial custody and undergoing the sentence, in this case. 12.
Since, the present revision petition is likely to take sufficient long time, for its disposal, as such, the order of sentence dated 04.03.2023, passed by the
learned trial Court, is ordered to be suspended and the applicant, who is undergoing sentence in District Jail, Mandi, H.P., in this case, is ordered to be released on bail, during the pendency of the present revision petition, 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, which shall be in addition to the amount, if not, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court. 13. It is made clear that after complying with all the above conditions, the applicant, if not required, in any other case, is ordered to be released, in this case. 14. Application is, thus, disposed of. 15. 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. June 05, 2025
( Virender Singh )
(Gaurav Thakur)
Judge
Digitally signed by RAJNI Date: 2025.06.06 15:10:12 IST