Hem Chand v. HP State C-Op. Agriculture and Rural Development Bank Ltd.
CRMPM/2059/2025 · 2025-08-26
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23341 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23341 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Hem Chand vs. H.P. State Co-operative Agriculture and Rural Development Bank Cr.MP(M) No.2059 of 2025 26.08.2025 Present: Mr. Guna Nand Verma, Advocate, for the applicant. Mr. Deepak Sharma, Advocate, for the respondent. 1. Notice. Mr. Deepak Sharma, 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 of four days, 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. 2059 of 2025, delay in filing the present petition has been ordered to be condoned. 5. Be registered. 6. Call for the records. 7. List on 14.10.2025. Cr.MPST No.7762 of 2025
8. By way of the present application, which has been filed, under Section 438 read with 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 and order of sentence dated 15.06.2024,
passed by the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P., (hereinafter referred to as the trial Court), in Criminal Case Registration No.79 of 2021, titled as ‘Himachal Pradesh State Co-operative Agriculture and Rural Development Bank Ltd. versus Hem Chand’. 9. Vide judgment of conviction and order of sentence dated 15.06.2024, 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 month and to pay compensation of Rs.55,000/-. 10. The judgment of conviction and order of sentence passed by the learned trial Court have been affirmed by the learned Additional Sessions Judge-1, Mandi, Camp at Karsog, District Mandi, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 08.05.2025, passed in Criminal Appeal No.289 of 2024, titled as ‘Hem Chand versus Himachal Pradesh State Co-operative Agriculture and Rural Development Bank Ltd’. 11.
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 15.06.2024, 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) That the applicant shall deposit 30% of the total amount of compensation, with the learned trial Court, which shall be in addition to the amount, if any, already deposited by the applicant; (iii) The applicant shall not leave the territory of India without the prior permission of the Court
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 26, 2025 (subhash)