Extracted from the PDF above. The PDF is authoritative.
Narinder Kumar Vs Bhaishajya Cr. MP(M) No. 2160 of 2025 05.09.2025 Present: Mr. K.S. Gill, Advocate, for the applicant petitioner. Ms. Neha Thakur, Advocate, for respondent No.
1. Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional A.G., with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy A.G., for respondent No. 2/State. In view of the no objection made by learned Counsel for respondent No. 1, delay in filing the Criminal Revision is ordered to be condoned. The application stands disposed of. Criminal Revision No.
of 2023.
2. Vide order of the even date passed in Cr.MP (M) No. 2160 of 2025, the delay in filing the Criminal Revision has been ordered to be condoned, as such, the Criminal Revision be registered.
3. List on 19.09.2025.
Cr. MPST No. 8134/2025
4. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 23.09.2024, passed by the Court of learned Judicial Magistrate First Class, Tissa, District Chamba, H.P. (hereinafter referred to as the ‘trial
Court’), in Complaint u/s 138 of NI Act No. 68/2022, titled as ‘Bhaishajya Kumar Vs Narinder Kumar’.
5. Vide judgment of conviction dated 21.09.2024 and order of sentence dated 23.09.2024, the learned trial Court has convicted the 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 a compensation of Rs. 2,60,000/ to the complainant.
6. Aggrieved from the said judgment, petitioner has preferred Criminal Appeal No. 78 of 2024, titled as ‘Narinder Kumar Vs Bhaishajya Kumar’, before the Court of learned Sessions Judge, Chamba, H.P. (hereinafter referred to as the ‘Appellate Court’). However, the said Criminal Appeal was dismissed, vide
judgment dated 27.12.2024.
7. Feeling dissatisfied from the said judgment, the present Criminal Revision has been preferred.
8. The applicant is stated to be in judicial custody, in this case. As such, a prayer has been made to release him on bail, during the pendency of the Criminal Revision, by suspending the order of sentence dated 23.09.2024, passed by the learned trial Court.
9. Since, the present Criminal Revision, is likely to take sufficient long time, for its disposal, as such,
order of sentence dated 23.09.2024, passed by the learned trial Court, is ordered to be suspended and the applicant, who is presently lodged in District Jail, Chamba, District Chamba, H.P, is ordered to be released on bail, in this case, during the pendency of the present Criminal Revision, 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 not leave the territory of India without the prior permission of the Court.
10. Application is, thus, disposed of.
11. It is clarified that the matter stands compromised between the parties and compromise is annexed with the petition. The said fact has also been acknowledged by learned Counsel for respondent No.
1. As such, no order regarding deposit of
compensation amount is being passed.
12. 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 05th September, 2025 (Pramod) RAJNI Digitally signed by RAJNI Date: 2025.09.05 16:44:30 +0530