Extracted from the PDF above. The PDF is authoritative.
Tara Chand Vs Nand Lal Sharma
Cr.MP(M) No. 1717 of 2025
28.08.2025 Present: Mr. Rajat Kumar, Advocate, for the applicant. Mr. Mohinder Zharaick, Advocate, for the
respondent. Service is complete. 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 is ordered to be condoned. Application is, thus, disposed of. Cr. Revision No._______ of 2025
Vide order of the even date, passed in Cr.MP(M) No.1717 of 2025, the delay in filing the Criminal Revision has been ordered to be condoned. Be registered. Before proceeding further, let record of learned trial Court and the learned Appellate Court be requisitioned. List on 16.10.2025. Cr.MPST No. 5656 of 2025
By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 01.01.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P. (hereinafter referred to as the ‘trial
Court’), in Cr. Case No. 421-3 of 2019, titled as, ‘Nand Lal Sharma Vs Tara Chand’. Vide judgment of conviction and order of sentence dated 01.01.2024, 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 one year and to pay a compensation of Rs. 5,00,000/- to the complainant. Aggrived from the said judgment, petitioner has preferred Criminal Appeal Case RBT No. 47-T/10 of 2024, titled as ‘Tara Chand Vs Nand Lal Sharma’, before the Court of learned Additional Sessions Judge, Rohru, Camp at Theog, District Shimla, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide judgment dated 23.01.2025. Now, the petitioner is before this Court by way of the present Criminal Revision. Since, the present Criminal Revision is likely to take sufficient long time, for its disposal, as such, the order of sentence dated 01.01.2024, passed by the learned trial Court, is ordered to be suspended, 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 30% 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. Application is, thus, disposed of. 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. August 28, 2025
( Virender Singh )
(Pramod)
Judge