Mukesh Sharma Vs. Aviral Prakash & anr. Cr. MP(M) No. 588 of 2025 26.3.2025 Present: Mr. Bodh Raj, Advocate, for the applicant. Ms. Leena Guleria, Advocate, for respondent No. 1/non-applicant. Mr. Mohinder Zharaick, Addl. A.G., for respondent No. 2. In view of no objection made by learned counsel for the non-applicant, delay in filing the Cr. Revision Petition, is ordered to be condoned. The application is, thus, disposed of. Cr. Revision No. ________ 2. Vide order of even date, passed in Cr. M.P. (M) No. 588 of 2025, delay in filing the present Cr. Revision Petition, has been ordered to be condoned. 3. 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 28.5.2025. Cr. MPST 1862 of 2025 4. Be registered. 5. By way of the present application, under Section 438 (1) read with Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 22.3.2023, passed by the learned Judicial Magistrate First Class, Chachiot at Gohar, District Mandi, H.P. (hereinafter referred to as ‘the trial Court’), in complaint No. 147-1/2019/70-III/2019, titled as, ‘Aviral Prakash versus Mukesh Sharma’, whereby the learned trial Court, vide judgment of conviction, dated 22.3.2023, and order of sentence dated 2.5.2023, 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 four months and to pay fine of Rs. 6,00,000/-. 6. The said judgment of conviction and order of sentence has been affirmed by the learned Additional Sessions Judge-1, Mandi, H.P. (hereinafter referred to as ‘the First Appellate Court’), vide judgment dated 30.11.2024, in Cr. Appeal No. 136 of 2023, titled as, ‘Mukesh Sharma vs. Aviral Prakash’. 7. 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 2.5.2023 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. 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 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. 8. The application is, thus, disposed of. 9. 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 26, 2025 (kalpana)