Om Prakash Vs. Rajeev Kumar CrMP(M) No.2936 of 2024 10.03.2025 Present: Mr. Shivanshu, Advocate, vice Mr. Vijender Katoch, Advocate for the applicant/appellant. Mr. Raman Sharma, Advocate vice Mr. Vinod Thakur, Advocate for the respondent. In view of the no objection, made by learned counsel, appearing for the respondent, the application, under consideration, is allowed and the delay of 34 days in filing the accompanying Criminal Revision Petition is ordered to be condoned. Application is, thus, disposed of. Cr. Revision No._______ of 2025 Vide order of the even date, passed in CrMP(M) No.2936 of 2024, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Be registered. 2. Petitioner-Om Prakash has preferred the present Criminal Revision Petition against the judgment dated 01.08.2024, passed by the Court of learned Additional Sessions Judge (I), Kangra at Dharamshala, H.P. (hereinafter referred to as the ‘First Appellate Court’) in Criminal Appeal No.12-D/X/2024, titled as ‘Om Prakash Vs. Rajeev Kumar’. 3. Vide judgment dated 01.08.2024, passed by the learned First Appellate Court, the appeal of petitioner-Om Prakash, which has been preferred against the judgment of conviction dated 15.05.2024 and order of sentence dated 16.05.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Kangra, District Kangra, H.P. (hereinafter referred to as the ‘trial Court’), has been dismissed. 4. Vide judgment of conviction dated 15.05.2024 and order of sentence dated 16.05.2024, 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 one year and to pay a fine/compensation of Rs.2,72,000/-. In default of payment of fine, he has been sentenced to undergo simple imprisonment for six months. 5. Since, there are certain arguable points, involved in this case, as such, the present petition is ordered to be admitted. 6. Records of the learned First Appellate Court, as well as, the learned trial Court be requisitioned. CrMPST No.13098 of 2024 7. By way of the present application, which has been filed, under Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner/ applicant has sought the suspension of order of sentence dated 16.05.2024, passed by the learned trial Court, and affirmed by the learned First Appellate Court, vide judgment dated 01.08.2024. 8. 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 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 40% 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 eight weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant. 9. Application is, thus, disposed of. 10. 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. March 10, 2025 ( Virender Singh ) (Gaurav Thakur) Judge