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High Court of Himachal Pradesh · body

2025 DAILYLAW 9567 (HP)

BHAGWAT PRASAD v. DEEPAK KUMAR

CRMPM/656/2025 · 2025-04-03

Virender Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Bhagwat Prasad Vs. Deepak Kumar Cr.MP(M) No.656 of 2025 03.04.2025 Present: Mr. Khem Raj, Advocate for the applicant. Mr. Kiran Kumar, Advocate for the respondent. Service is complete. 2. In view of the no objection, made by learned counsel for the respondent, 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.656 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 06.06.2025. CrMP No.1229 of 2025 8. By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 22.07.2024, passed by the Court of learned Judicial Magistrate First Class, Chamba, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint Case No.174/2018, titled as ‘Deepak Kumar Vs. Bhagwat Prashad’. 9. Vide judgment of conviction and order of sentence dated 22.07.2024, 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 six months and to pay a compensation of Rs.4,00,000/- to the complainant. In default of payment of fine, he has been sentenced to undergo simple imprisonment for two months. 10. Aggrived from the said judgment, petitioner has preferred Criminal Appeal No.61 of 2024, titled as ‘Bhagwat Parshad Vs. Deepak Kumar’, before the Court of learned Sessions Judge, Chamba, District Chamba, H.P. (hereinafter referred to as the ‘Appellate Court’). However, the said Criminal Appeal was dismissed, vide judgment dated 11.12.2024. 11. Feeling dissatisfied from the said judgment, the present Criminal Revision Petition has been preferred. 12. The applicant is stated to be in judicial custody, in this case. As such, a prayer has been made to release him on bail, during the pendency of the revision petition, by suspending the order of sentence dated 22.07.2024, passed by the learned trial Court. 13. 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.40,000/-, 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) The applicant shall not leave the territory of India without the prior permission of the Court. 13. Considering the fact that the matter is stated to have compromised and this fact is duly acknowledged by the learned counsel for the respondent, the condition, with regard to the deposit of the compensation amount, has not been imposed upon the applicant. 14. With these observations, the present application is disposed of. CrMPST No.2173 of 2025 15. Application, for the reasons, stated therein, is allowed and disposed of. However, applicant will do the needful, as and when, Court directs to do so. April 03, 2025 ( Virender Singh ) (Gaurav Thakur) Judge