Extracted from the PDF above. The PDF is authoritative.
Ramesh Kumar Vs. Narinder Kumar Cr. Revision No.
of 2025 27.02.2025 Present: Mr. Lakshay Thakur, Advocate, for the applicant. Mr. Abhinav Kainthla, Advocate, for the respondent. Cr.MP(M) No.2538 of 2024 In view of the no objection made by the learned counsel for the respondent, the delay of 76 days, in filing the accompanying revision petition, is ordered to be condoned. The application stands disposed of. Criminal Revision No.
of 2025. The petitioner has filed the present revision petition against the judgment dated 27.05.2024, passed by the Court of learned Additional Sessions Judge (CBI Court), Shimla, H.P. (hereinafter referred to as ‘the First Appellate Court’), in Criminal Appeal No.24-S/10 of 2024, titled as Ramesh Kumar Vs. Narinder Kumar Sharma. Vide judgment dated 27.05.2024, the learned First Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction and order of sentence, dated 02.03.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.2, Shimla (hereinafter referred to as ‘the trial Court’), in Comp. U/S 138 of NI Act No.137-3 of 2018, titled as Narinder Kumar Sharma versus Ramesh Kumar
Vide judgment of conviction and order of sentence, dated 02.03.2024, the learned trial Court, has convicted the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment, for a period of nine months and to pay a compensation of Rs.1,00,000/- to the complainant. In default of payment of compensation, he is further directed to undergo simple imprisonment for a period of three months. There are certain arguable points involved in the present petition, as such, the petition is admitted for final hearing.
Cr.MP ST No.11779 of
2024
Since the disposal of the revision, filed by the petitioner, against the judgment of conviction and order of sentence, as referred to herein-above, will take sufficient long time, as such, the order of sentence dated 02.03.2024, is suspended during the pendency of the revision, subject to the following conditions: (i) That the applicant shall furnish personal bond in the sum of Rs.30,000/-, 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 in the event of final dismissal of the revision petition, he will surrender
before the learned trial Court to serve the remainder substantive sentence; ii) That the applicant shall deposit 50% of the compensation amount, with the learned trial Court, within a period of four weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant. The application is, thus, disposed of. A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court within a period of eight weeks. [ (Virender Singh) Judge February 27, 2025 (ps)