HIRA LAL v. HIMACHAL PRADESH STATE COOPERATIVE BANK LIMITED
CRMPM/2123/2025 · 2025-09-02
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23138 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23138 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Hira Lal vs. Himachal Pradesh State Cooperative Bank Ltd. Cr.
MP(M) No.2123 of 2025
02.09.2025 Present: Mr. Harsh, Advocate, vice Mr. Manoj Pathak, Advocate, for the applicant. Mr. Parmod Singh Thakur, Advocate, for the respondent.
Notice. Mr. Parmod Singh Thakur, learned counsel, appears and accepts notice on behalf of the respondent.
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. The application is, thus, disposed of. Cr. Revision No. ____2025
3. Vide order of even date, passed in Cr.M.P.(M) No. 2123 of 2025, delay in filing the present petition has been ordered to be condoned.
4. Be registered.
5. Call for the records.
6. List on 16.09.2025.
Cr.MPST No.7654 of 2025
7. By way of the present application, which has been filed, under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner/applicant has sought the suspension of sentence imposed upon him, vide judgment of conviction dated 12.03.2024 and order of sentence dated 28.03.2024, passed by
the learned Additional Chief Judicial Magistrate, Court No.1, Shimla, District Shimla, H.P., (hereinafter referred to as the trial Court), in Criminal Case No.130-3 of 2016, titled as ‘H.P. State Cooperative Bank Ltd. versus Hira Lal’.
8.
Vide judgment of conviction dated 12.03.2024 and
order of sentence dated 28.03.2024, the learned trial Court has convicted the petitioner/applicant for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation of Rs.2,50,000/-.
9. The judgment of conviction and order of sentence passed by the learned trial Court has been affirmed by the learned Sessions Judge, Shimla, District Shimla, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 08.07.2024, passed in Criminal Appeal No.39-S/10 of 2024, titled as ‘Hira Lal versus H.P. State Cooperative Bank Ltd.
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 28.03.2024, 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. It is clarified that no order with regard to deposit of payment of amount of compensation has been passed, as the entire compensation amount has been paid and the matter has now been settled.
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.
Cr.MPST No.7656 of 2025
14. The application is disposed of with a direction to the applicant-petitioner to file certified copy of the learned trial Court
judgment on or before the next date of hearing.
(Virender Singh) Judge September 02, 2025 (subhash)