Extracted from the PDF above. The PDF is authoritative.
Vivek Kumar Vs. Vikram Singh
Cr.MP(M) No.2766 of 2024
01.05.2025 Present: Mr. Mohar Singh, Advocate for the applicant.
None for the non-applicant/respondent.
On the last date of hearing, respondent had put appearance through his counsel and the case was adjourned for today for filing reply, as well as, Power of Attorney. However, today, neither respondent himself nor his counsel is present.
2. In such situation, further adjournment, for this purpose, is not justifiable.
3. In view of the averments, as made in the application, which is duly supported by the affidavit of the applicant, the delay in filing the accompanying Criminal Revision Petition is ordered to be condoned.
4. Application is, thus, disposed of. Cr. Revision No._______ of 2025
5. Vide order of the even date, passed in CrMP(M) No.2766 of 2024, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Be registered.
6. Let, notice of the petition be issued to the respondent for 19.06.2025, on taking steps, within a period of seven days, from today.
CrMPST No.1822 of 2024
7. By way of the present application, the petitioner/applicant has sought the suspension of order
of sentence dated 05.04.2021, passed by the Court of learned Judicial Magistrate First Class, Court No.2, Nalagarh, District Solan, H.P. (hereinafter referred to as the ‘trial Court’), in Criminal Complaint No.331/3 of 2014, titled as, ‘Vikram Singh Vs. Vivek Kumar Bhardwaj’.
8. Vide judgment of conviction dated 01.04.2021 and order of sentence dated 05.04.2021, the learned trial Court has convicted the petitioner 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 six months and to pay a compensation of Rs.5,20,000/- to the complainant.
9. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.22-NL/10 of 2021, titled as ‘Vivek Kumar Bhardwaj Vs. Vikram Singh’, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide
judgment dated 19.10.2023.
10. Now, the petitioner is before this Court by way of the present Criminal Revision Petition, which 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 05.04.2021 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, which has been referred to by the learned trial Court as fine, with the learned trial Court, within a period of four weeks from today, 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.
11. Application is, thus, disposed of.
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.
May 01, 2025
( Virender Singh )
(Gaurav Thakur)
Judge