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High Court of Himachal Pradesh · body

2025 DAILYLAW 8890 (HP)

Jakir Sen alias Jakir Hussain v. Ram Asra

CRMPM/559/2025 · 2025-03-28

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Jakir Sen @ Jakir Hussain vs. Ram Asra Criminal Revision No. of 2025 28.03.2025 Present: Mr. Divya Raj Singh & Ms. Gyatri, Advocates, for the petitioner. Mr. Abhishek Nagta, Advocate, for the respondent. Cr.MP(M) No. 559 of 2025. In view of the no objection made by learned counsel appearing for the respondent, the delay of 1 year, 2 months and 6 days, in filing the accompanying revision petition, is ordered to be condoned. The application stands disposed of. Criminal Revision No. of 2025. Vide order of the even date passed in Cr.MP (M) No.559 of 2025, the delay in filing the revision petition has been ordered to be condoned, as such, the revision petition be registered. Before proceeding further, let records of the learned trial Court, as well as, the learned First Appellate Court be requisitioned for the next date of hearing. List on 16th June, 2025. Cr.MP No. of 2025(CRMPST-1872/25) Petitioner-Jakir Sen @ Jakir Hussain has filed the present revision petition against the judgment dated 05.01.2024, passed by the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P. (hereinafter referred to as ‘the First Appellate Court’), in Criminal Appeal No.5-NL-10 of 2022, titled as Jakir Sen @ Jakir Hussain Vs. Ram Asra. Vide judgment dated 05.01.2024, the learned First Appellate Court has dismissed the appeal filed by the petitioner Jakir Sen @ Jakir Hussain, against the judgment of conviction dated 12.01.2022 and order of sentence, dated 17.01.2022, passed by the Court of learned Additional Chief Judicial Magistrate, Nalagarh, District Solan (hereinafter referred to as ‘the trial Court’), in Complaint No.192/3 of 2016, titled as Ram Asra versus Jakir Sen @ Jakir Hussain. Vide judgment of conviction dated 12.01.2022 and order of sentence, dated 17.01.2022, the learned trial Court, has convicted the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs.2,50,000/- to the complainant. In default of payment of compensation, he has been directed to further undergo simple imprisonment for a period of one month. Since the disposal of the revision, filed by the petitioner, against the judgment of conviction and order of sentence, as referred to herein-above, will take sufficient long time, as such, the order of sentence dated 17.01.2022, is suspended during the pendency of the revision petition, 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 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 deposit 20% of the cheque amount, 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. iii) That the applicant shall not leave the territory of India without the prior permission of the Court. The application is, thus, disposed of. 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 within a period of eight weeks. Cr.MP No. of 2025(CRMPST-1873/25) The application is disposed of with a direction to the applicant-petitioner to file the certified copy of the judgment passed by the learned trial Court, on or before the next date. (Virender Singh) Judge March 28, 2025 (ps)