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2025 DAILYLAW 16471 (HP)

SARDEEP THAKUR v. Navdeep

CRMPM/1300/2025 · 2025-06-23

Virender Singh

Criminal Appealbody2025

Judgment text

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Sardeep Thakur versus Navdeep Criminal Revision No. of 2025 23.06.2025 Present: Mr. Parveen Chandel, Advocate for the petitioner. Mr. H.R. Jhingta, Advocate for the respondent. Cr. MP(M) No. 1300 of 2025 In view of the no objection made by learned counsel for the respondent, delay of 144 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. Petitioner-Sardeep Thakur has filed the present revision petition against the judgment dated 01.10.2024, passed by the Court of learned Additional Sessions Judge, Rohru, District Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No.25/2024, titled as Sardeep Singh Thakur Vs. Navdeep. Vide judgment dated 01.10.2024, the learned Appellate Court has dismissed the appeal filed by petitioner Sardeep Singh Thakur, against the judgment of conviction and order of sentence, dated 15.01.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla (hereinafter referred to as ‘the trial Court’), in Criminal Case No.582-3 of 2021, titled as Navdeep versus Sardeep Singh Thakur. Vide judgment of conviction and order of sentence, dated 15.01.2024, 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 six months and to pay a compensation of Rs.1,20,000/- to the complainant. In default of payment of compensation, he has been directed to further undergo simple imprisonment for a period of one month. There are certain arguable points involved in the present petition, as such, record of the learned trial Court, as well as, learned Appellate Court be requisitioned for the next date of hearing. CRMPST No.4607/2025 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 15.01.2024, 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 amount of compensation, with the learned trial Court, within a period of three 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 23, 2025 (ps)