Extracted from the PDF above. The PDF is authoritative.
Sanjay Ranjta Vs Kirti Pal Cr.MP(M) No. 1993 of 2025 30.08.2025 Present: Mr. Rajeev Sharma, Advocate, for the applicant. Mr. Nishant Khidta, Advocate, for the respondent. The applicant Sanjay Ranjta, has pressed the accompanying Criminal Revision against the judgment dated 09.04.2024, passed by the Court of learned Additional Sessions Judge Rohru, District Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’).
2. Vide judgment dated 09.04.2024, the learned Appellate Court has dismissed the appeal of applicant Sanjay Ranjta, which has been preferred against the
judgment of conviction and order of sentence, dated 30.09.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Court No. 1 Rohru, District Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in Criminal Case No. 1223 of 2019, titled as Kirti Pal Vs Sanjay Ranjta & Anr.
3. Vide judgment of conviction and order of sentence dated 30.09.2023, the learned trial Court has convicted the applicant for the offence, punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for a
period of ten months and to pay a compensation of Rs. 5,30,000/.
4. Since, the revision has been filed after the prescribed period of limitation, as such, the present application has been filed for condonation of delay. The delay, as per the applicant, is one year three months and 14 days.
5. The delay has been sought to be condoned on the ground that the applicant is physically handicapped person and his disability creates inherent limitations in mobility, accessibility to legal services and coordination of legal proceedings.
6. Another ground upon which condonation of delay has been sought is that presently, the applicant is in judicial custody since 18.01.2025, in connection with other case bearing complaint No. 533 of 2015, titled as ‘Shishu Lal Vs Sanjay Rajta’.
7. On the basis of above facts, the delay has been sought to be condoned. 8 When put to notice, the application has been contested by the nonapplicant by filing reply. In the reply, preliminary objections have been taken that the application is not maintainable, as no sufficient cause has been put forward to condone the delay.
9. In addition to this, according to the non applicant, the delay is intentional and deliberate, in
order to protect the litigation, as vague averments have been made in the application.
10. The physical incapacity of the applicant has also been contested on the ground that there is nothing on record to spell out the fact about his disability. No documentary evidence has been put forward to prove or probablize the said stand.
11. The condonation of delay has also been contested by pleading that the applicant is well to do businessman and he has not paid the hard earned money to the nonapplicant. On the basis of above
facts, a prayer has been made to dismiss the application.
12. Heard.
13. Although, the applicant has not annexed any certificate to demonstrate about his disability, however, this fact has duly been recorded by the learned trial Court at the time of deciding the question of quantum of sentence. Moreover, the applicant is not going to achieve anything as, his appeal has been dismissed by the learned Appellate Court.
14. Considering all these facts, this Court is of the view that the applicant is not going to achieve
anything by not filing the appeal within the prescribed period of limitation, had he not been prevented to do so, by the reasons mentioned in the application.
15. Even otherwise, the matter should be decided on merits and not on the basis of the technicalities. As such, the application under consideration is allowed, and the delay in filing the appeal is ordered to be condoned.
16. Application is, thus, disposed of. Cr. Revision No._______ of 2025
17. Vide order of the even date, passed in Cr.MP(M) No. 1993 of 2025, the delay in filing the Criminal Revision has been ordered to be condoned.
18. Be registered.
19. Call for the record.
Cr.MPST No. 7543 of 2025
20. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 30.09.2023, passed by the learned trial Court in Cr. Case No. 1223 of 2019, titled as, ‘Kirti Pal Vs Sanjay Ranjta’.
21. Since, the present Criminal Revision is likely to take sufficient long time, for its disposal, as such, the
order of sentence dated 30.09.2023, passed by the
learned trial Court, is ordered to be suspended, during the pendency of the present revision petition, 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 50% of the total amount of compensation, which has been referred to by the learned trial Court as fine, with the learned trial Court, 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.
22. Application is, thus, disposed of.
23. 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. August 30, 2025 ( Virender Singh ) (Pramod) Judge