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2025 DAILYLAW 28898 (HP)

Asha Devi v. Harish Kumar AND ANR

CRMPM/2983/2024 · 2025-05-13

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Asha Devi versus Harish Kumar & Another Cr. Revision No. of 2025 13.05.2025 Present: Mr. G.R. Palsra & Mr. Lokesh Thakur, Advocates, for the petitioner. Mr. Narinder Guleria, Advocate for respondent No.1. Mr. Mohinder Zharaick, Additional Advocate General, for respondent No.2. Cr.MP (M) No.2983 of 2024. In view of the no objection made by learned counsel for respondent No.1, the delay of 2 years, 2 months and 24 days, in filing the revision petition is ordered to be condoned. The application is disposed of. Cr. Revision No. of 2025. Be registered. Service complete. Call for the record. Cr.MPST No.13527 of 2024 Petitioner-Asha Devi has filed the present revision petition against the judgment dated 30.09.2022, passed by the Court of learned Additional Sessions Judge- I, Mandi, H.P. (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No.32 of 2019, titled as Asha Devi Vs. Harish Kumar & Another. Vide judgment dated 30.09.2022, the learned Appellate Court has dismissed the appeal filed by petitioner Asha Devi, against the judgment of conviction and order of sentence, dated 10.07.2019, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.I, Mandi (hereinafter referred to as ‘the trial Court’), in Comp.138 NI Act No.490-III/17/14, titled as Harish Kumar versus Asha Devi. Vide judgment of conviction and order of sentence, dated 10.07.2019, the learned trial Court, has convicted the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced her to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs.1,00,000/- to the complainant. In default of payment of compensation, she has been directed to further undergo simple imprisonment for a period of one month. 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 10.07.2019, 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/-, 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, she will surrender before the learned trial Court to serve the remainder substantive sentence; ii) That the applicant shall deposit 50% of the cheque 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. iii) That the applicant shall not leave the territory of India without the prior permission of the Court. 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 May 13, 2025 (ps)