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2025 DAILYLAW 6873 (HP)

Deep Ram v. Gian Chand

CRMPM/264/2025 · 2025-02-17

Ranjan Sharma

body2025

Judgment text

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Deep Ram versus Gian Chand and another Cr.MPM No. 264 of 2025 17.02.2025 Present: Mr. Mohan Sharma, Advocate for the petitioner alongwith Sh. Deep Ram in person. Ms. Bharti Mehta, Advocate for respondent No.1 alongwith Sh. Gian Chand in person. Mr. Hemant K. Verma, Deputy Advocate General for respondent No.2. Cr.MPM No. 264 of 2025 Heard. 2. Notice. Upon listing of this application today, [seeking condonation of delay of 220 days in filing the accompanying Criminal Revision]. Ms. Bharti Mehta, Advocate appears and waives service of notice on behalf of Respondent No.1- Complainant [Gian Chand]. Likewise Learned State Counsel appears and waives service for Respondent No.2 and states that since the subject matter, in dispute, relates to the cheque in question, which has inter se liability between petitioner and Respondent No.1- Complainant herein; therefore, Respondent No.2- State Authorities do not intend to file any reply to instant application. 3. Learned Counsel for Respondent No.1- Complainant [Gian Chand] states on instructions that she does not intends to file any reply to the application and she does not opposes the prayer for condoning the delay of 220 days in filing the accompanying Criminal Revision, in view of the averments made in the application coupled with the subsequent events that the matter stands compromised between the parties on 3.2.2025 [Annexure A-1]. Accordingly, taking into account the entirety of facts and circumstances and the fact that there is no opposition to the application and the fact that the reasons spelt-out in the application, indicate reasonable explanation for the delay, which appears to be bonafide, therefore, the delay in filing the accompany Criminal Revision is condoned. In aforesaid terms, the instant application stands disposed of. Cr. M.P No._______of 2025 Be registered. 2. Heard 3. Notice, in aforesaid terms. 4. Instant application has been filed under Section 438(1) of the BNSS, praying for staying the execution of impugned judgments and for suspension of sentence imposed on 20.05.2023 by Learned Trial Court i.e. Learned Judicial Magistrate First Class Karsog, District Mandi, (H.P), in Criminal Complaint No.11 of 2019, titled as Gian Chand versus Deep Ram, which stands affirmed on 8.7.2024 by Appellate Court i.e. Learned Additional Sessions Judge-I, Mandi, (H.P) [camp at Karsog], in Criminal Appeal No.176 of 2023, titled Deep Ram versus Gian Chand, directing the petitioner to undergo simple imprisonment for two months and in fastening a liability of Rs.3,70,000/- [Rupees Three Lakh Seventy Thousand] on the petitioner- accused herein, which now stands compromised inter-se the petitioner-accused [Deep Ram] and Respondent No.1 Complainant [Gian Chand], by way of a Compromise Deed dated 3.2.2025 [Annexure A-1]. 5. In order to test the veracity of Compromise Deed dated 3.2.2025, [Annexure A-1], the statement of petitioner-accused [Deep Ram] and respondent No.1-Complainant [Gian Chand], are recorded today, which shall form part of the case record for all purposes, whereby, Respondent No.1 aforesaid has agreed that he has received full and final compensation amount of Rs.2,10,000/- [Rupees Two Lakh Ten Thousand] from the petitioner-accused, in view of his adverse and pathetic condition. 6. Perusal of the Compromise Deed dated 3.2.2025 [Annexure A-1] and statements recorded today in Court [on 17.2.2025] indicate that against the fastened liability of Rs.3,70,000/- [Rupees Three Lakh Seventy Thousand], in terms of the judgment dated 20.5.2023 passed by Learned Trial Court in Criminal Complaint No.11 of 2019, titled as Gian Chand versus Deep Ram; which stands affirmed on 8.7.2024 by Learned Appellate Court, in Criminal Appeal No.176 of 2023, titled Deep Ram versus Gian Chand; the parties herein have mutually settled dispute by accepting the fastened liability for Rs.2,10,000/- [Rupees Two Lakh Ten Thousand]; which also stands remitted/liquidated, by petitioner-accused [Deep Ram] to Respondent No.1-Complainant [Gian Chand] and the same has been acknowledge by him also. 7. Taking into account the entirety of the facts and circumstances, as referred to above coupled with the fact that the matter stands compromised on 3.2.2025 [Annexure A-1], which stands affirmed by Respondent No.1- Complainant[Gain Chand]; therefore, in these circumstances the substantive sentence imposed against the petitioner-accused [Deep Ram] by Learned Trial Court affirmed by Learned Appellate Court shall remain deferred/suspended; subject to the petitioner-accused[Deep Ram] furnishing of personal bond to the tune of Rs.25,000/- with one surety in like amount to the satisfaction of Learned Trial Court, within four weeks from today. In aforesaid terms, the instant application stands disposed of. Cr.M.P.___________of 2025 Heard. Be registered. Notice in aforesaid terms. List this application alongwith Criminal Revision Petition before appropriate Bench after four weeks. Cr. Revision No.________of 2025 Heard. Be registered. Notice in aforesaid terms. List the matter, before appropriate after four weeks on 27th March, 2025. (Ranjan Sharma) Vacation Judge 17th February, 2025 (himani)