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2025 DAILYLAW 9877 (HP)

Suresh Kaundal v. Udhe Ram

CRMP/1921/2025 · 2025-05-23

Ranjan Sharma

body2025

Judgment text

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Suresh Kaundal versus Udhe Ram Cr. Revision No.80 of 2025 23.05.2025 Present: Mr. D.S. Kainthla, Advocate, for the petitioner. Mr. Yashpal, Advocate vice Mr. Loveneesh Singh Thakur, Advocate, for the respondent. Cr.MP No.1921 of 2025 Applicant, Suresh Kaundal, has come up before this Court under Section 528 of Bhartiya Nagrik Surksha Sanhita [BNSS] seeking extension of two months more time to comply with the orders dated 17.12.2025 passed in Cr.MP No.441 of 2025 passed by this Court whereby the substantive sentence imposed against the petitioner-accused [Suresh Kaundal] was suspended in terms of the judgment dated 09.08.2024, passed by Judicial Magistrate First Class, Court No3, Mandi [HP]; which was affirmed on 04.01.2025, by Learned Appellate Court i.e. Learned Sessions Judge, Mandi [HP]. 2. In instant application, petitioner [Suresh Kaundal] has prayed for extension by basing his claim for extension in view of averments in Para 3 of the application. It is averred that the petitioner is a law person and being a low paid employee and commencement of academic session, he had to part with maximum of his expenses towards school expenses and other utilities for his school going children. In this background, it is averred that the order dated 17.02.2025 could not be complied with. However, Learned Counsel for the petitioner on Instructions states that petitioner shall comply with the orders dated 17.02.2025 within four weeks from today. 3. Upon listing of this application Mr. Yashpal, vice-counsel for non-applicant- complainant, does not oppose the instant application, except to the extent that since the liability originating from the cheque in question relates to the year 2020 and the benefits originating therefrom have been denied to him till day and therefore, the prayer for extension for two months may not be granted. 4. Taking into account the entirety of the facts and circumstances and the explanation offered, which is supposed by an affidavit coupled with the statement made on Instructions-Undertaking to remit the liability within four weeks four weeks from today; the instant application for extension is allowed and is accordingly disposed of. Cr. Revision No.80 of 2025 5. In view of the orders passed in Cr.MP No.1921 of 2025 today; the orders dated 17.02.2025, suspending the sentence shall continue for a period of four weeks from today. However, the matter be placed before the appropriate Bench, in terms of this order, for compliance after four weeks. (Ranjan Sharma) May 23, 2025 Judge [Shivender]