AVTAR SINGH v. M/ SHRI RADHE KRISHANA HARDWARE STORE AND ANOTHER
CRMPM/1961/2025 · 2025-09-03
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22668 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22668 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Avtar Singh Vs M/s Shri Radhe Krishana Hardware Store & Anr. Cr.MP(M) No. 1961 of 2025 03.09.2025 Present: Mr. Vikas Rathore, Advocate, for the applicant. Mr. Arun Kumar, Advocate, for respondent No.
1. Mr. H.S. Rawat, Additional A.G., with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy A.G., for respondent No. 2/State. Power of Attorney, on behalf of respondent No. 1, filed. Service is complete. In view of the no objection, made by learned counsel, appearing for the nonapplicant/respondent No. 1, the application, under consideration, is allowed and the delay in filing the accompanying Criminal Revision is ordered to be condoned. Application is, thus, disposed of. Cr. Revision No._______ of 2025 Vide order of the even date, passed in Cr. MP(M) No.1961 of 2025, the delay in filing the Criminal Revision has been ordered to be condoned. Be registered. Call for the record. List on 29.10.2025. CrMPST No. 7408 of 2025 By way of the present application, the petitioner/applicant has sought the suspension of order
of sentence dated 30.08.2024, passed by the Court of learned Judicial Magistrate First Class, Court No.III, Una, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint No. 344/2020, titled as, ‘M/s Shri Radhe Krishana Hardware Store Vs Avtar Singh’. Vide judgment of conviction dated 29.08.2024 and order of sentence dated 30.08.2024, the learned trial Court has convicted the petitioner 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 a compensation of Rs. 3,00,000/. In default of payment of fine, he has further been sentenced to undergo simple imprisonment for a period of 15 days. Aggrieved from the said judgment, petitioner has preferred Criminal Appeal No.159/2024, titled as ‘Avtar Singh Vs M/s Shri Radhe Krishana Hardware Store’, before the Court of learned Additional Sessions JudgeII, Una, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide judgment dated 29.03.2025.
Now, the petitioner is before this Court by way of the present Criminal Revision, which 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 30.08.2024, passed by the learned trial Court, 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, which has been referred to by the learned trial Court as fine, with the learned trial Court, within a period of six weeks from today, which shall be in addition to the amount, if not, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court. Application is, thus, disposed of. 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 on or before the next date of hearing. 03rd September, 2025 ( Virender Singh ) (Pramod) Judge