Extracted from the PDF above. The PDF is authoritative.
Mamta Thapa Vs Anuj Katoch Cr. MP(M) No. 2373 of 2025 13.10.2025 Present: Mr. Umesh Kanwar, Advocate, for the petitioner. Mr. Panku Chaudhary, Advocate, for the respondent. In view of the no objection, made by learned counsel, appearing for the nonapplicant/respondent, the application, under consideration, is allowed and the delay in filing the accompanying Criminal Revision Petition is ordered to be condoned. 2. Application is, thus, disposed of. Cr. Revision No._______ of 2025
3. Vide order of the even date, passed in CrMP(M) No. 2373 of 2025, the delay in filing the Criminal Revision has been ordered to be condoned. Be registered. 4. Call for the records. CrMPST No. 9021 of 2025
5. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 22.07.2024, passed by the Court of learned Chief Judicial Magistrate, Kangra at Dharamshala, H.P. (hereinafter referred to as the ‘trial
Court’), in Criminal Complaint No. 48III/2022, titled as, ‘Anuj Katoch Vs Mamta Thapa’. 6. Vide judgment of conviction dated 20.07.2024 and order of sentence dated 22.07.2024, the learned trial Court has convicted the petitioner 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 three months and to pay a compensation of Rs. 2,60,000/. In default of payment of fine, he has further been sentenced to undergo simple imprisonment for a period of three months. 7. Aggrieved from the said judgment, petitioner has preferred Criminal Appeal No. 15D/X/2024, titled as ‘Mamta Thapa Vs Anuj Katoch’, before the Court of learned Sessions Judge, Kangra at Dharamshala, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide judgment dated 03.05.2025. 8. Now, the petitioner is before this Court by way of the present Criminal Revision Petition, which is likely to take sufficient long time, for its disposal, as such, during the pendency of the present revision petition, the order of sentence dated 22.07.2024, passed by the learned trial Court, is ordered to be suspended, 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 30% 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 six weeks from today, which shall be in addition to the amount, if not, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court. 9. Application is, thus, disposed of. 10. 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. Cr.MPST No.9023 of 2025
11. Application, for the reasons, stated therein, is allowed and disposed of. However, applicant/petitioner will do the needful, as and when, Court directs to do so. ( Virender Singh )
Judge 13h October, 2025 (Pramod)