Extracted from the PDF above. The PDF is authoritative.
Hitender Kumar Vs. Dinesh Chauhan & Anr. Cr.MP(M) No.640 of 2025
02.04.2025 Present: Mr. Bonit Thakur, Advocate for the applicant. Mr. Ajay Singh Kashyap, Advocate for respondent No.1. Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General, for respondent No.2. Service is complete. 2. In view of the no objection, made by learned counsel for respondent No.1, the application, under consideration, is allowed and the delay in filing the accompanying Criminal Revision Petition is ordered to be condoned. 3. Application is, thus, disposed of. Cr. Revision No._______ of 2025
4. Vide order of the even date, passed in CrMP(M) No.640 of 2025, the delay in filing the Criminal Revision Petition has been ordered to be condoned. Be registered. 5. Admit. 6. Call for the records. 7. List on 04.06.2025. CrMPST No.2068 of 2025
8. By way of the present application, which has been filed, under Section 528 read with Section 438(1) of BNSS, the petitioner/applicant has sought the suspension of order of sentence dated 21.01.2023, passed by the Court of learned Judicial Magistrate First
Class, Court No.3, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint No.495 of 2016, titled as ‘Dinesh Chauhan Vs. Hitender Kumar’. 9. Vide judgment of conviction dated 20.01.2023 and order of sentence dated 21.01.2023, the learned trial Court has convicted the 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 three months and to pay a compensation of Rs.4,50,000/-. In default of payment of fine, he has been sentenced to undergo simple imprisonment for 20 days. 10. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.40 of 2023, titled as ‘Hitender Kumar Vs. Dinesh Chauhan & Anr.’, before the Court of learned Sessions Judge, Mandi Division, Mandi, H.P. (hereinafter referred to as the ‘First Appellate Court’). However, the said Criminal Appeal was dismissed, vide judgment dated 01.11.2023. 11. Feeling dissatisfied from the said judgment, the present Criminal Revision Petition has been preferred. 12.
Since, the present Criminal Revision Petition, 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 not, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court. 13. Application is, thus, disposed of. 14. 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. CrMPST No.2070 of 2025
15. Application, for the reasons, stated therein, is allowed and applicant/petitioner is exempted from filing certified copy of judgment, passed by the learned trial Court, at this stage. Needful be done, within a period of four weeks. Application stands disposed of. April 02, 2025
( Virender Singh )
(Gaurav Thakur)
Judge