Extracted from the PDF above. The PDF is authoritative.
Rakha Sharma vs. Bhupender Jit Cr. MP(M) No.1724 of 2025
07.08.2025 Present: Ms. Pooja Thakur, Legal Aid Counsel, for the applicant. Mr. Harish Kashyap, 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. _____of 2025 Vide order of even date, passed in Cr.M.P.(M) No. 1724 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 25.09.2025. Power of attorney, on behalf of respondent, be filed in the meanwhile. Cr.M.P.ST No.5219 of 2025
By way of the present application, under Section 473 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr.PC’), the petitioner/applicant has sought the suspension of order of sentence, dated 09.05.2024, passed by the learned Additional Chief Judicial Magistrate, Court No.2, Shimla, District
Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in case No.168-3 of 2020, titled as, ‘Bhupinder Jit Kashyap versus Rekha Sharma’, whereby the learned trial Court, vide judgment of conviction dated 05.03.2024 and order of sentence dated 09.05.2024, has convicted the applicant, for the commission of offence, under Section 138 of the Negotiable Instruments Act and sentenced her to undergo simple imprisonment for a period of one month and to pay compensation of Rs. 1,85,000/-. The said judgment of conviction and order of sentence have been affirmed by the learned Sessions Judge, Shimla, District Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’), vide judgment dated 17.08.2024, in Criminal Appeal No. 61-S/10 of 2024, titled as, ‘Rekha Sharma versus Bhupinder Jit Kashyap’. 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 09.05.2024, 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 07, 2025 (subhash)