Balinder Singh v. HP State C-Op. Agriculture and Rural Development Bank Ltd.
CRMPM/343/2025 · 2025-03-01
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7472 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7472 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Balinder Singh vs. H.P. State Co-operative Agriculture Cr.MP(M) No.343 of 2025 01.03.2025 Present: Mr. Ankit Kaloti, Advocate, for the applicant. Mr. Hamender Singh Chandel, Advocate for the respondent. Cr.MP(M) No.343 of 2025
In view of no objection made by learned counsel for the respondent, the delay in filing the Criminal Revision Petition is ordered to be condoned. The application is, thus,
disposed of. Cr. Revision No.______of 2025
Vide order of even date passed in Cr.MP(M) No. 343 of 2025, delay in filing the revision has been ordered to be condoned. Be registered.
Mr. Hamender Singh Chandel, learned counsel, appears and accepts service of notice on behalf of respondent. Admit. Call for the records.
Cr.MPST No.3457 of 2024
By way of the present application, which has been filed, under Section 482 of the Criminal Procedure Code, 1973 & Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner/applicant has sought the suspension of
sentence imposed upon him vide judgment of conviction and
order of sentence dated 31.05.2023, passed by the learned Chief Judicial Magistrate, Sirmaur, at Nahan, H.P., (hereinafter referred to as the trial Court), in Complaint No.152 of 2022, titled as H.P. State Co-operative Agriculture & Rural Development Bank versus Balinder Singh. Vide judgment of conviction and order of sentence dated 31.05.2023, passed by the learned trial Court, the learned trial Court has convicted the petitioner/applicant 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 six months and to pay a compensation amount of Rs.1,95,446/-. The judgment of conviction and order of sentence passed by the learned trial Court has been affirmed by the learned Additional Sessions Judge, Nahan, District Sirmaur, H.P., (hereinafter referred to as the First Appellate Court), vide
judgment dated 02.09.2024.
Since, the present Criminal Revision Petition, preferred against the judgment of conviction and order of sentence, as referred to hereinabove, is likely to take sufficient long time, for its disposal, as such, during the pendency of the
present revision petition, the order of sentence 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 eight weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant. Application is, thus, disposed of.
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 March 01, 2025 (subhash)