Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 35820 (HP)

CHAMAN LAL v. HP MINORITIES FINANCE AND DEVELOPMENT CORPORATION

CRMPM/3013/2025 · 2025-12-24

Virender Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Chaman Lal Vs H.P. Minorities Finance & Development Corporation Cr. MP(M) No. 3013 of 2025 24.12.2025 Present: Mr. Rahul, Advocate, for the applicant. Ms. Shashi Kiran, Advocate, for the respondent. Notice. Ms. Shashi Kiran, Advocate, appears and waives service of notice on behalf of the respondent. 2. In view of the no objection, made by learned counsel, appearing for the non-applicant/respondent, the application, under consideration, is allowed and the delay in filing the accompanying Criminal Revision Petition is ordered to be condoned. 3. Application is, thus, disposed of. Cr. Revision No._______ of 2025 4. Vide order of the even date, passed in CrMP(M) No. 3013 of 2025, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Revision be registered. 5. Service complete. 6. For consideration, list on 25.03.2026. Cr.MPST No. 12180 of 2025 7. Application, for the reasons, stated therein, is allowed and applicant/petitioner is exempted from filing certified copy of the judgments, passed by the learned Courts below, at this stage. Needful be done, on or before next date of hearing. 8. Application stands disposed of. Cr.MPST No. 12178 of 2025 9. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 09.09.2024, passed by the Court of learned Chief Judicial Magistrate, District Shimla, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint u/s 138 N.I. Act No. 723/2020, titled as, ‘Himachal Pradesh Minorities Finance & Development Corporation Vs Chaman Lal’. 10. Vide judgment of conviction and order of sentence dated 09.09.2024, 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. 2,40,000/-. 11. Aggrieved from the said judgment, petitioner has preferred Criminal Appeal No.139-S/10 of 2024, titled as ‘Chaman Lal Vs Himachal Pradesh Minorities Finance and Development Corporation’, before the Court of learned Sessions Judge, Shimla, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide judgment dated 01.08.2025. 12. 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 09.09.2024, 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) The applicant shall not leave the territory of India without the prior permission of the Court. 13. In view of the request made by learned Counsel for the applicant, petitioner Chaman Lal, is directed to deposit 30% amount of the 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 not, already deposited by the applicant. 14. Since, petitioner-accused is lodged in Model Central Jail Kanda, District Shimla, H.P., as such, he is ordered to be released forthwith, if not required in any other case. 15. Application is, thus, disposed of. 16. 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. ( Virender Singh ) Judge 24th December, 2025 (Pramod) KALPANA Digitally signed by KALPANA Date: 2025.12.24 16:22:19 +0000