Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 20582 (HP)

TUMESHWAR SINGH v. MOHAN LAL

CRMPM/1977/2025 · 2025-08-14

Virender Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Tumeshwar Singh vs. Mohan Lal Cr. MP(M) No.1977 of 2025 14.08.2025 Present: Mr. Nimish Gupta, Advocate, for the applicant. Mr. Dev Raj, Advocate, for the respondent. Notice. Mr. Dev Raj, learned counsel, appears and accepts notice on behalf of the respondent. 2. Memo of appearance filed. 3. 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 4. Vide order of even date, passed in Cr.M.P.(M) No. 1977 of 2025, delay in filing the present petition has been ordered to be condoned. 5. Be registered. 6. Before proceeding further, the parties through their counsel are directed to remain present before this Court on 22.08.2025. Power of attorney, on behalf of the respondent, be filed in the meanwhile. Cr.MPST No.6534 of 2025 7. 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 conviction dated 02.02.2023 and order of sentence dated 02.03.2023, passed by the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P., (hereinafter referred to as the trial Court), in Criminal Complaint Registration No.245 of 2018, titled as ‘Mohan Lal versus Tumeshwar Singh’. 8. Vide judgment of conviction dated 02.02.2023 and order of sentence dated 02.03.2023, 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 six months and to pay compensation of Rs.1,25,000/-. The judgment of conviction and order of sentence passed by the learned trial Court has been affirmed by the learned Additional Sessions Judge-1, Mandi, District Mandi, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 12.07.2024, passed in Criminal Appeal No.162 of 2023, titled as ‘Tumeshwar Singh versus Mohan Lal & another’. 9. 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 02.03.2023, is ordered to be suspended, subject to the following conditions:- (i) That the applicant shall furnish personal bond in the sum of Rs.20,000/-, 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; (iii) The applicant shall not leave the territory of India without the prior permission of the Court. 10. Considering the peculiar facts and circumstances, according to which, it is admitted by learned counsel for the parties that the entire amount has been paid to the respondent- Mohan Lal. No order with regard to payment of amount has been passed, in this case. 11. Application is, thus, disposed of. 12. 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. (Virender Singh) Judge August 14, 2025 (subhash)