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2025 DAILYLAW 17458 (HP)

Pravesh Kumar v. Om Prakash

CRMPM/1567/2025 · 2025-07-28

Virender Singh

body2025

Judgment text

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Pravesh Kumar Vs. Om Prakash Cr. MP(M) No. 1567 of 2025 28.7.2025 Present: Mr. Vivek Thakur, Advocate vice Mr. Vinod Chauhan, Advocate, for the applicant. Notice issued to respondent received back after due service. Notice is stated to have been sent to respondent through whatsapp. Despite service of notice, respondent has not bothered to put appearance. As such, this Court is of the view that respondent has nothing to say about the delay in filing the revision petition. The revision petition is duly supported by an affidavit, which remains uncontroverted. As such, the application, under consideration, is allowed, and the delay in filing the Revision Petition, is ordered to be condoned. The application is, thus, disposed of. Cr. Revision No. _________ Vide order of even date, passed in Cr. M.P. (M) No. 1567 of 2025, delay in filing the present revision petition has been ordered to be condoned. Be registered. Notice of the petition be issued to the respondent, on steps being taken within a week, returnable for 15.9.2025. Cr. M.P.ST No. 5311 of 2025 By way of the present application, under Section 430 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 2.4.2024, passed by the learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmour, H.P. (hereinafter referred to as ‘the trial Court’), in case No. 328 of 2021, titled as, ‘Om Prakash versus Pravesh Kumar’, whereby the learned trial Court, vide judgment of conviction, and order of sentence dated 2.4.2024, has convicted the applicant, for the commission of offence, punishable under Section 138 of N.I Act and sentenced him to undergo simple imprisonment, for a term of six months, and to pay compensation of Rs. 3,10,000/-. The said judgment of conviction and order of sentence have been affirmed by the learned Additional Sessions Judge, Paonta Sahib, District Sirmour, H.P. (hereinafter referred to as ‘the Appellate Court’), vide judgment dated 6.3.2025, in Cr. Appeal No. 46 of 2024, titled as, ‘Pravesh Kumar versus Om Prakash’. Since the revision against the judgment of conviction and order of sentence, as referred to above, will take sufficient long time, for its disposal, as such, the order of sentence, dated 2.4.2024 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/-, alongwith 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 total amount of compensation, 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) That the applicant shall not leave the country without the 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. (Virender Singh) Judge July 28, 2025 (kalpana)