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2025 DAILYLAW 17142 (HP)

NITIN CHAUHAN v. PYARE LAL

CRMPM/1850/2025 · 2025-09-09

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Nitin Chauhan versus Pyare Lal Cr. Revision No. of 2025 09.09.2025 Present: Mr. Rajat Kumar, Advocate, for the petitioner. Mr. Ajay Singh Kashyap, for the respondent. Cr.MP (M) No.1850 of 2025 In view of the no objection made by the learned counsel for the respondent, the delay, in filing the accompanying criminal revision, is ordered to be condoned. The application stands disposed of. Cr. Revision No. 2025 Be registered. Petitioner Nitin Chauhan has filed the present criminal revision against the judgment dated 21.03.2023 passed by the Court of learned Additional Sessions Judge-II, Shimla, District Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No.29-T/10 of 2022, titled as Nitin Chauhan versus Pyare Lal. Vide judgment dated 21.03.2023, the learned Appellate Court has dismissed the appeal filed by petitioner Nitin Chauhan, against the judgment of conviction and order of sentence, dated 10.08.2022, passed by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla (hereinafter referred to as ‘the trial Court’), in Criminal Case No.91/3 of 2016, titled as Pyare Lal versus Nitin Chauhan. Vide judgment of conviction and order of sentence, dated 10.08.2022, 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 one year and to pay a compensation of Rs.5,30,000/- to the complainant. There are certain arguable points involved in the present petition, as such, before proceeding further, record of learned trial Court, as well as, learned Appellate Court, is ordered to be requisitioned for 28th October, 2025. CRMPST No.5152 / 2025 Since the disposal of the criminal 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 10.08.2022, 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 six 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 cheque amount, with the learned trial Court, within a period of six 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 on or before the next date of hearing. Cr.MPST No. 5151/2025 The application is disposed of with a direction to the applicant-petitioner to file the certified copy of the learned trial Court judgment on or before the next date of hearing. [ (Virender Singh) Judge September 09, 2025 (ps)