Yusuf Khan Vs. Rajan Chopra Cr.MP(M) No. 2891 of 2024 5.3.2025 Present: Mr. Ankit Dhiman, Advocate vice Mr. Madan Gopal, Advocate, for the applicant. Cr. M.P.No. 5293 of 2024 For the reasons stated in the application, delay in removing the objections, is ordered to be condoned. The application is, thus, disposed of. Cr.MP(M) No. 2891 of 2024 2. Notice issued to respondent/non-applicant received back after due service. However, no one has put appearance on his behalf. 3. Considering the said fact, this Court is of the view that respondent/non-applicant has nothing to do with the prayer for condonation of delay. As such, the application is allowed and delay in filing the present petition is ordered to be condoned. The application is, thus, disposed of. Cr. Revision No. ___________ 4. Be registered. 5. Vide order of even date, passed in Cr. M.P. (M) No. 2891 of 2024, delay in filing the present petition, has been ordered to be condoned. 6. Since, certain arguable points are involved in the present petition, as such, fresh notice is required to be issued to the respondent, on steps being taken within a week, returnable for 7.5.2025. Cr.M.P.(ST) No. ______of 2024 7. Be registered. . 8. By way of the present application, under Section 438 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 16.10.2023, passed by the learned Judicial Magistrate First Class, Manali, District Kullu, H.P., (hereinafter referred to as ‘the trial Court’), in case No. 203 of 2018, titled as, ‘Rajan Chopra versus Yusuf Khan’, whereby the learned trial Court, vide judgment of conviction and order of sentence dated 16.10.2023, 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 six months and to pay compensation of Rs. 1, 20,000/-. In default of payment of compensation, he has been sentenced further to undergo simple imprisonment for a period of one month. 9. The said judgment of conviction and order of sentence has been affirmed by the learned Sessions Judge, Kullu, H.P., (hereinafter referred to as ‘the First Appellate Court’), vide judgment dated 28.6.2024, in Cr. Appeal No. 67 (141)/2023, titled as, ‘Yusuf Khan vs. Rajan Chopra’. 10. 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 16.10.2023 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/-, 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 30% 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. 10. The application is, thus, disposed of. 11. 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 5, 2025 (kalpana)