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2025 DAILYLAW 8433 (HP)

VAKIL MOHAMMED v. STATE OF HP AND ANOTHER

CRMMO/157/2025 · 2025-03-11

Virender Singh

body2025

Judgment text

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1 2025:HHC:5714 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CrMMO No.157 of 2025 Decided on : 11.03.2025 Vakil Mohammad …Petitioner Versus State of H.P. & Anr. …Respondents Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? For the petitioner : Mr. Servedaman Rathore, Advocate. For the respondents: Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General for respondent No.1. Mr. Narender Singh Thakur, Advocate for respondent No.2. Virender Singh, Judge (Oral) Service is complete. 2. The present petition is being disposed of, today itself, with the consent of the parties. 2 2025:HHC:5714 3. By way of the present petition, indulgence of this Court has been sought to grant 7 days’ time to deposit 20% of the amount of compensation, as ordered by the Court of learned Sessions Judge, Sirmaur District at Nahan, H.P. (hereinafter referred to as the ‘First Appellate Court’), vide order dated 16.09.2024 and vide order dated 18.11.2024, further time had been extended up to 10.12.2024 to comply with the order dated 16.09.2024. 4. Admittedly, the said order has not been challenged by the petitioner, within the stipulated period. The undisputed facts of the case, as borne out from the documents, annexed with the application, are that the applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instructions Act, by the Court of learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. (hereinafter referred to as the ‘trial Court’), vide judgment of conviction and order of sentence dated 12.08.2024, passed in Complaint No.412/3 of 2019, titled as ‘H.P. State Co-operative Agriculture & Rural Development Bank Ltd. Vs. Vakil Mohammad’. 3 2025:HHC:5714 5. Vide said judgment of conviction and order of sentence dated 12.08.2024, passed by the learned trial Court, the applicant has been sentenced to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.2 lacs. 6. Against the said judgment of conviction and order of sentence, the applicant has preferred the appeal, before the learned First Appellate Court and while deciding the application for suspension of sentence, the order dated 16.09.2024 has been passed. 7. In view of the factual position, as mentioned in the application, the applicant is not going to achieve anything in not complying with the abovesaid order, within the stipulated period, had he not been prevented to do so, for the reasons, as mentioned, in the application. 8. Consequently, the present petition is allowed and order dated 16.09.2024, passed by the learned First Appellate Court, be complied with, within a period of three days, from today. Thereafter, the applicant is ordered to be released on bail, as per terms and conditions, imposed by the learned First Appellate Court. 4 2025:HHC:5714 9. Pending miscellaneous application(s), if any, shall also stand disposed of. (Virender Singh) Judge March 11, 2025 Gaurav Thakur