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2025 DAILYLAW 5811 (HP)

BASANT SINGH v. SANJAY KUMAR

CRMP/890/2025 · 2025-03-22

Rakesh Kainthla

body2025

Judgment text

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Basant Singh vs. Sanjay Cr. MP No. 890 of 2025 in Cr. Revision No. 7 of 2022 22.03.2025 Present: Mr. Hemant Kumar Thakur, Advocate, vice Mr. T.K. Verma, Advocate, for the applicant/ respondent/complainant. None for the non-applicant/revisionist/ accused. The present application has been filed for release of the amount of ₹1,27,500/- deposited by the non- applicant/revisionist/ accused as per the order passed by this Court. It appears from the record that a complaint was filed by the present applicant/complainant before the learned Trial Court in which the non-applicant/revisionist/accused was convicted for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act. He was sentenced to undergo simple imprisonment for a period of six months and to pay fine of 2,87,000/- as compensation to the applicant/complainant and in default of payment of fine to undergo further simple imprisonment for 15 days. The appeal filed by the non-applicant/ revisionist/accused was dismissed by learned Additional Sessions Judge-I, Shimla, H.P. vide judgment dated 2.1.2020. Aggrieved with the judgments and order passed by learned Courts below, the non-applicant/revisionist/ accused has filed a revision before this Court and this Court ordered to deposit a sum of ₹1,27,500/-being 50% of the cheque amount vide order dated 27.01.2022. The non-applicant/revisionist/accused died during the pendency of the proceedings before this Court and his legal representatives did not appear before this Court to continue with the revision, hence the revision was ordered to be dismissed vide order dated 14.6.2024. Thus, the judgment passed by learned Trial Court as upheld by learned Additional Sessions Judge, Shimla-I, H.P. has attained finality and the applicant/respondent/ complainant is entitled to the amount deposited as per judgment passed by learned Trial Court as well. In view of the above, the present application is allowed and the amount so deposited is ordered to be disbursed to the applicant/respondent/complainant under proper identification and receipt by remitting the same to his savings bank account on furnishing his bank account details, if not furnished earlier within two weeks. Application stands disposed of. (Rakesh Kainthla) Judge March 22nd 2025 (Chander)