Gajru Ram vs. HDFC Bank Ltd. & Anr. Cr.MP(M) No.1797 of 2025 30.07.2025 Present: Ms. Parul Negi, Advocate, for the applicant. Mr. Jitender Ranote, Advocate, for respondent No.1. Mr. Anup Rattan, Advocate General, with Mr. Tejasvi Sharma, Mr. H.S. Rawat, Additional Advocates General and Mr. Rohit Sharma, Deputy Advocate General, for respondent No.2/State. Cr.MP(M) No.1797 of 2025 1. By way of the present application, filed under Section 5 of the Limitation Act, delay of 1 year and 10 months, in filing the accompanying revision petition has been sought to be condoned. 2. In view of the no objection made by learned vice counsel appearing for respondent No.1, delay in filing the revision petition is ordered to be condoned. 3. The application is, thus, disposed of. Cr. Revision No. ……of 2025 4. Vide order of even date, passed in Cr.MP(M) No. 1797 of 2025, delay in filing the present revision petition has been ordered to be condoned. 5. Be registered. 6. Service is complete. 7. Certain arguable points are involved in the present petition, as such, present Criminal Revision Petition is ordered to be admitted for hearing. 8. Call for the records. Cr.MPST No.6899 of 2025 9. Petitioner-applicant has filed the accompanying revision petition against the judgment dated 25.09.2023, passed by the Court of learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, H.P. (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No.41 of 2023, titled as Gajru Ram versus HDFC Bank. Vide judgment dated 25.09.2023, the learned Appellate Court has dismissed the appeal filed by the petitioner-applicant, against the judgment of conviction and order of sentence, dated 27.05.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, H.P., (hereinafter referred to as ‘the trial Court’), in Case Registration No.177 of 2018, titled as HDFC versus Gajru Ram. 10. Vide judgment of conviction and order of sentence, dated 27.05.2023, the learned trial Court, has convicted the petitioner-applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment, for a period of one year and to pay a compensation of Rs.10,70,000/-. 11. As per submissions made in the application, the amount of compensation has already been paid to the respondent-bank. In this regard, according to the applicant, ‘No Dues Certificate’, dated 24.01.2024 has also been issued by the bank in favour of the applicant. 12 This factual position has not been controverted by learned counsel appearing for respondent No.1. 13. Since the disposal of the revision, filed by the petitioner-applicant, against the judgment of conviction and order of sentence, as referred to herein-above, will take sufficient long time, as such, the order of sentence dated 27.05.2023, passed by the learned trial Court is ordered to be suspended during the pendency of the revision and applicant, who is presently, lodged in Model Central Jail, Kanda, District Shimla, H.P., is ordered to be released on bail, 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 in the event of final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence; iii) Applicant shall not leave the territory of India without the prior permission of the Court. 14. It is further clarified that since the entire amount of compensation has already been deposited, as such, no order with regard to the deposit of the compensation amount has been passed in this case, keeping in view the peculiar facts and circumstances of the case. 15. The application is, thus, disposed of. 16. 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 within a period of eight weeks. (Virender Singh) Judge July 30, 2025 (subhash) Digitally signed by VIKRANT CHANDEL Date: 2025.07.30 15:34:00 IST