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2025 DAILYLAW 22896 (HP)

Alam Chand v. Tilak Raj Palta

CRMPM/2036/2025 · 2025-08-25

Virender Singh

body2025

Judgment text

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Alam Chand vs. Tilak Raj Palta Cr. MP(M) No.2036 of 2025 25.08.2025 Present: Mr. Rajesh Kashyap, Advocate, vice Mr. Mohar Singh, for the applicant. Mr. Sanjeev Singh Pathania, Advocate, for the respondent. 1. Memo of appearance filed. 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. 3. The application is, thus, disposed of. Cr. Revision No. ____2025 4. Vide order of even date, passed in Cr.M.P.(M) No. 2036 of 2025, delay in filing the present petition has been ordered to be condoned. 5. Be registered. 6. List on 01.09.2025. Cr.MPST No.7537 of 2025 7. By way of the present application, which has been filed, under 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 15.12.2021 and order of sentence dated 16.12.2021, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P., (hereinafter referred to as the trial Court), in Criminal Case No.286-I/2016, titled as ‘Tilak Raj Palta versus Alam Chand’. 8. Vide judgment of conviction dated 15.12.2021 and order of sentence dated 16.12.2021, 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 one year and to pay compensation of Rs.4,40,000/-. In default of payment of compensation, he has been sentenced further to undergo simple imprisonment for a period of one month. 9. The judgment of conviction and order of sentence passed by the learned trial Court have been affirmed by the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 16.07.2024, passed in Criminal Appeal Registration No.12/2022, titled as ‘Alam Chand versus Tilak Raj Palta. 10. 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 16.12.2021, 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) The applicant shall not leave the territory of India without the prior permission of the Court 11. The order with regard to deposit of the compensation amount has not been passed, as the matter is stated to have been compromised. The compromise deed has been annexed with the application. 12. Application is, thus, disposed of. 13. 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 25, 2025 (subhash)