PUSHPA SHARMA v. M/S SHAKUN HOLDING PVT. LTD. SAPROON SOLAN
CRMMO/1015/2025 · 2025-10-17
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30673 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30673 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 1015 of 2025 Decided on: 17.10.2025 Pushpa Sharma … Petitioner M/s Shakun Holding Pvt. Ltd.
…Respondent _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioner : Ms. Pooja Thakur, Advocate vice Mr. Ravinder Singh Chandel, Advocate. For the Respondent : None Virender Singh, Judge (oral) Petitioner Pushpa Sharma has approached this Court by way of present petition, filed under Section 528 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNSS’), against the order dated 17.3.2025, passed by the learned Addl. Sessions Judge (1), Solan in Cr. Appeal No. 209 of 2024, titled as, ‘Pushpa Sharma versus Shakun Holding Pvt. Ltd.’
2. Vide order dated 17.3.2025, the learned Appellate Court has dismissed the application for extension of time. 3. The petitioner had approached the learned Appellate Court, against the judgment of conviction, and order of sentence, dated 30.9.2024, passed by the Court of learned
2 Judicial Magistrate First Class, Court No. 2, Solan, H.P. (hereinafter referred to as ‘the trial Court’). 4. By way of judgment of conviction, and order of sentence, dated 30.9.2024, the learned trial Court has convicted the petitioner, for the commission of offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the N.I. Act’) and sentenced her to undergo simple imprisonment, for a period of six months and to pay compensation of Rs. 5,10,000/-. 5. The said judgment of conviction and order of sentence, had been assailed before the learned Appellate Court. Alongwith the appeal, an application for suspension of sentence, had been filed, which was considered and allowed by the learned Appellate Court, vide order dated 4.11.2024, by directing the petitioner to furnish personal bond, in the sum of Rs.50,000/- with one surety, in the like amount, to the satisfaction of the learned trial Court, within 30 days. The said order has not been complied with. As such, application for extension of time was filed, which was dismissed by the learned Appellate Court, vide order dated 17.3.2025. 6.
After arguing for some time, the learned vice counsel for the petitioner has submitted that the petitioner is ready to compound the offence and in order to show her bonafide, a
3 solemn undertaking has been given that she will deposit 50% of the amount of compensation, within a period of five weeks from today, and remaining amount of compensation will be deposited, within a further period of four weeks, thereafter. 7. Considering the prayer made by learned vice counsel for the petitioner, the present petition is disposed of with a direction to the petitioner to deposit 50% of the amount of compensation, within a period of five weeks from today, and the remaining amount of compensation within a further period of four weeks, thereafter. In case, the said order is complied with, within the aforesaid period, then, the same may be treated as compliance of order dated 4.11.2024, passed by the learned Appellate Court, and as such, operation of order of sentence, dated 30.9.2024, shall remain suspended, till the decision of the appeal, on the basis of compromise, which, the parties to the lis are stated to be ready to enter upon. 8. With these observations, the present petition is disposed of, so also the pending application(s), if any. (Virender Singh) Judge 17.10.2025 Kalpana
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