Extracted from the PDF above. The PDF is authoritative.
M/s Goldy Footwears Ghumarwin, Prop. Surender Kumar vs. H.P. Gramin Bank Cr.
MP(M) No.2020 of 2025
22.08.2025 Present: Mr. Amar Deep Singh, Advocate, for the applicant. Mr. K.B. Khajuria, Advocate, for the respondent.
Notice. Mr. K.B. Khajuria, learned counsel, appears and accepts notice on behalf of the respondent.
2. 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. ____2025
3. Vide order of even date, passed in Cr.M.P.(M) No. 2020 of 2025, delay in filing the present petition has been ordered to be condoned.
4. Be registered.
5. Call for the records.
Cr.MPST No.6398 of 2025
6. By way of the present application, which has been filed, under Section 438(1), read with Section 528 of the Bharatiya
Nagarik
Suraksha
Sanhita,
2023,
the petitioner/applicant has sought the suspension of sentence imposed upon him, vide judgment of c 2020 onviction dated 25.08.2023 and order of sentence dated 04.09.2023, passed by
the learned Additional Chief Judicial Magistrate, Court No.1, Ghumarwin, District Bilaspur, H.P., (hereinafter referred to as the trial Court), in Criminal Case No.203/03 of 2019, titled as ‘Himachal Pradesh Gramin Bank vs. M/s Goldy Footwears Ghumarwin’.
7.
Vide judgment of conviction dated 25.08.2023 and
order of sentence dated 04.09.2023, the learned trial Court has convicted the petitioner/applicant 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 three months and to pay compensation of Rs.4,20,000/-. The judgment of conviction and order of sentence passed by the learned trial Court has been affirmed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 15.03.2025, passed in Criminal Appeal No.57-10 of 2023, titled as ‘M/s Goldy Footwears Ghumarwin versus Himachal Pradesh Gramin Bank.
8.
Since, the present Criminal Revision Petition, preferred against the judgment of conviction and order of sentence, as referred to hereinabove, is likely to take sufficient long time, for its disposal, as such, during the pendency of the present revision petition, the order of sentence dated 04.09.2023, is ordered to be suspended, 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, with the learned trial Court, which shall be in addition to the amount, if any, already deposited by the applicant; (iii) The applicant shall not leave the territory of India without the prior permission of the Court.
9. Application is, thus, disposed of.
10. 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.
11. List on 19.09.2025.
Cr.MPST No.6399 of 2025
12. The application is disposed of with a direction to the applicant-petitioner to file certified copy of the learned trial Court
judgment on or before the next date of hearing.
(Virender Singh) Judge August 22, 2025 (subhash)