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High Court of Himachal Pradesh · body

2025 DAILYLAW 5397 (HP)

BAKSHI RAM v. STATE BANK OF INDIA

CRMPM/235/2025 · 2025-03-11

Virender Singh

body2025

Judgment text

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Bakshi Ram Vs. State Bank of India Cr.MP(M) No. 235 of 2025 11.3.2025 Present: Mr. Goldy Kumar, Advocate, for the applicant. Mr. Arvind Sharma, Advocate, for the respondent. Cr. M.P. No. 417 of 2024 For the reasons stated in the application, delay in re-filing the present petition is condoned. The application is, thus, disposed of. Cr. MP(M) No. 235 of 2025 2. In view of the no objection made by learned counsel for the non-applicant, delay in filing the accompanying petition, is ordered to be condoned. The application is, thus, disposed of. Cr. Revision No. ___________ 3. Vide order of even date, passed in Cr. M.P. (M) No. 235 of 2025, delay in filing the present petition, has been ordered to be condoned. 4. Be registered. 5. 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 6.5.2025. 6. At this stage, it is submitted by learned counsel for the parties that the matter has been settled between the parties. Appropriate application in this regard be filed, on the next date of hearing. 7. The Registry is directed to reflect the name of Mr. Arvind Sharma, Advocate, for the respondent, henceforth, in the causelist. Cr.M.P.ST No. 9824 of 2024 8. Be registered. 9. By way of the present application, under Section 438 (1) of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 22.1.2020, passed by the learned Judicial Magistrate 1st Class, Court No. 2, Kangra, District Kangra, H.P. (hereinafter referred to as ‘the trial Court’), in Complaint No. 76-III/2014, titled as, ‘State Bank of Patiala vs. Bakshi Ram’, whereby the learned trial Court, vide judgment of conviction, dated 15.11.2019 and order of sentence dated 22.1.2020, 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 six months and to pay compensation of Rs. 1,80,380/-. 10. Applicant Bakshi Ram has challenged the aforesaid judgment of conviction and order of sentence, before the learned Addl. Sessions Judge (I), Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as ‘the First Appellate Court’), by way of Criminal Appeal No. 5-D/X/2020, titled as, ‘Bakshi Ram vs. State Bank of India, which has been dismissed on 11.7.2024. 11. Against the said judgment, applicant Bakshi Ram has filed the present Revision Petition. 12. 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 22.1.2020 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 not leave the country without the prior permission of the Court. 13. The application is, thus, disposed of. 14. Since, it is not in dispute that entire amount of compensation has been deposited, as such, no order with regard to deposit of compensation is being passed. 15. 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 11, 2025 (kalpana)