Liaquat Ali Vs. Kuldeep Chauhan Cr.MP(M) No. 2892 of 2024 6.3.2025 Present: Mr. Arsh Chauhan, Advocate vice Mr. Jagat Paul, Advocate, for the applicant. Mr. Lokesh Thakur and Ms. Mamta Thakur, Advocates vice Mr. Vineet Vashishta, Advocate, for the non-applicant/respondent. In view of the no objection made by learned counsel for the non-applicant, delay in filing the present application, is ordered to be condoned. The application is, thus, disposed of. Cr. Revision No. ___________ 2. Be registered. 3. Vide order of even date, passed in Cr. M.P. (M) No. 2892 of 2024, delay in filing the present petition, has been ordered to be condoned. 4. Since, certain arguable points are involved in the present petition, as such, record of learned trial Court, as well as, learned First Appellate Court, be requisitioned, for the next date of hearing. List on 8.5.2025. Cr.M.P.ST No. 13224 of 2024 5. Be registered. . 6. By way of the present application, under Section 438 (1) of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 8.1.2024, passed by the learned Addl. Chief Judicial Magistrate, Court No. 1, Rohru, Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in case No. 241-3 of 2021/20, titled as, ‘Kuldeep Chauhan versus Liaquat Ali’, whereby the learned trial Court, vide judgment of conviction and order of sentence dated 8.1.2024, has convicted the applicant for the commission of offence, under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for a period of eight months and to pay compensation of Rs. 2,45,000/-. In default of payment of compensation, he has been sentenced further to undergo simple imprisonment for a period of one month. 7. The said judgment of conviction and order of sentence has been affirmed by the learned Additional Sessions Judge, Rohru, District Shimla, Himachal Pradesh, H.P. (hereinafter referred to as ‘the First Appellate Court’), vide judgment dated 5.8.2024, in Cr. Appeal No. 9 of 2024, titled as, ‘Liaquat Ali versus Kuldeep Chauhan’. 8. Since the revision against the judgment of conviction and order of sentence, as referred to above, will take sufficient long time, for its disposal, as such, the order of sentence dated 8.1.2024 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. 50,000/-, alongwith 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 total amount of compensation, 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; (iii) That the applicant shall not leave the country without the prior permission of the Court. 9. The application is, thus, disposed of. 10. 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, on or before the next date of hearing. (Virender Singh) Judge March 6, 2025 (kalpana)