Extracted from the PDF above. The PDF is authoritative.
Bharat Kumar Vs Umesh Kumar & Anr. Cr. MP(M) No. 2635 of 2025 05.12.2025 Present: Mr. Munish Dhatwalia, Advocate, for the applicant. Mr. Vijay Mokta, Advocate, vice Mr. Vijay Chaudhary, Advocate, for respondent No. 1. Mr. Tejasvi Sharma, Mr. Mohinder Zharaick, Additional A.Gs., with Mr. Rohit Sharma, Deputy A.G., for respondent No. 2State. Memo of appearance on behalf of respondent No. 1, filed.
2. In view of the no objection by learned Counsel for respondent No. 1, delay in filing the accompanying Criminal Revision is ordered to be condoned. Application is accordingly allowed. Cr. Revision No. _____ of 2025
3. Vide order of the even date, passed in Cr.MP(M) No. 2635 of 2025, the delay in filing the Criminal Revision has been ordered to be condoned.
4. Be registered.
5. Parties are represented.
6. Call for the records.
Cr.MPST No. 8917 of 2025
7. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 07.06.2024, passed by the Court of
learned Judicial Magistrate First Class, Court No. 3, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’), in Criminal Case No. 1078 of 2018, titled as ‘Umesh Kumar Vs Bharat Kumar’.
8. Vide judgment of conviction dated 06.06.2024 and order of sentence dated 07.06.2024, the learned trial Court has convicted the applicant 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 seven months and to pay a compensation of Rs. 7,50,000/ to the complainant. In default of payment of fine, to undergo simple imprisonment for a period of 30 days.
9. Aggrieved from the said judgment, petitioner had preferred Criminal Appeal No. 83 of 2024, titled as ‘Bharat Kumar Vs Umesh Kumar’, before the Court of learned Sessions Judge, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘Appellate Court’). However, the said Criminal Appeal was dismissed, vide
judgment dated 06.11.2024.
10. Feeling dissatisfied from the said
judgment, the present Criminal Revision Petition has been preferred.
11. Since, the present Criminal Revision Petition, is likely to take sufficient long time, for its disposal, as such, order of sentence dated 07.06.2024, passed by the learned trial Court, is ordered to be suspended, during the pendency of the present revision petition, 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 50% 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 any, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court.
12. Application is, thus, disposed of.
13. 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, on or before 09.01.2026. ( Virender Singh )
Judge 05th December, 2025 (Pramod)