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High Court of Himachal Pradesh · body

2025 DAILYLAW 19838 (HP)

Kaushalya Devi v. Punjab National Bank

CRMPM/2008/2025 · 2025-08-21

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Kaushalya Devi Vs. Punjab National Bank Cr. MP(M) No. 2008 of 2025 21.8.2025 Present: Mr. Jeevan Kumar, Advocate, for the applicant. Mr. Arvind Sharma, Advocate, for the respondent. In view of no objection made by learned counsel for the non-applicant, delay in filing the present 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. 2008 of 2025, delay in filing the present petition has been ordered to be condoned. Be registered. Record be called for, for the next date of hearing. List on 25.9.2025. Cr. M.P.ST No. 6245 of 2025 By way of the present application, under Section 438 (1) read with Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 30.1.2024, passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala, H.P. (hereinafter referred to as ‘the trial Court’), in Complaint No. 109-III/2021, titled as, ‘Punjab National Bank versus Kaushalya Devi’, whereby the learned trial Court, vide judgment of conviction, dated 27.1.2024 and order of sentence dated 30.1.2024, has convicted the applicant, for the commission of offence, under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for six months and to pay fine of Rs. 5,09,512/-. The said judgment of conviction and order of sentence have been affirmed by the learned Additional Sessions Judge (I), Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as ‘the Appellate Court’), vide judgment dated 1.10.2024 in Criminal Appeal No. 10-D/X/2024, titled as, ‘Kaushalya Devi versus Punjab National Bank’. 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 30.1.2024, 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 August 21, 2025 (kalpana)