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2026 DAILYLAW 13355 (HP)

CHUNI LAL v. TEK RAM

CRMPM/1077/2026 · 2026-06-29

Jiya Lal Bhardwaj

body2026

Judgment text

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Chuni Lal vs. Tek Ram Cr.MP(M) No.1077 of 2026 29.06.2026 Present: Mr. N.K. Thakur, Senior Advocate, with Mr. Karan Veer Singh, Advocate, for the petitioner. Cr.MP(M) No.1077 of 2026 By way of present application, the applicant/petitioner has prayed for condonation of delay in filing the revision petition. 2. It has been averred that after passing the judgment by the learned trial Court, the applicant/petitioner was not apprised that there is a certain time frame for filing the petition. He came to know about the limitation only when he contacted the present counsel and as such the delay has occurred in filing the petition. It has been averred in the application for suspension of sentence that the respondent being encouraged by the impugned judgments, is moving fast to enforce the same. 3. Keeping in view the averments made in the application for suspension of sentence, the delay in filing the petition is condoned. The application is accordingly disposed of. Cr.R(ST) No. 3752 of 2026 4. Revision petition be registered. 5. Let notice be issued to the respondent returnable for 03.08.2026, on taking steps within three days. Cr.MP(ST) No. 3753 of 2026 6. By way of present application, the applicant/petitioner has prayed for suspension of sentence imposed upon him vide order of sentence dated 24.05.2024, passed by the learned Judicial Magistrate, First Class, Manali, District Kullu, H.P. 7. The learned Judicial Magistrate, First Class, Manali, District Kullu, H.P., in CIS Reg. No.101 of 2021, titled, Tek Ram vs. Chuni Lal, vide judgment and order and order of sentence dated 24.05.2024, had convicted the petitioner for commission of offence under Section 138 of the Negotiable Instruments Act, 1881 and thereafter sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs.6,00,000/- to the respondent, failing which, he had to undergo simple imprisonment of one month. 8. The applicant/petitioner, feeling aggrieved by the said judgment of conviction and order of sentence, passed by the learned Judicial Magistrate, First Class, Manali, District Kullu, H.P., had preferred an appeal, which came to be dismissed on 03.12.2025 by the learned Sessions Judge, District Kullu, H.P. 9. A perusal of the grounds of revision petition reveals that the petitioner has raised some arguable points and since the disposal of the same will take sufficient long time and in case during the pendency of the revision petition, the substantive sentence of imprisonment is not suspended, the very purpose of filing the revision petition would become illusory. Therefore, keeping in view the above facts, the order of sentence dated 24.05.2024, passed by the learned Judicial Magistrate First Class, Manali, Distt. Kullu, H.P., is ordered to be suspended till the next date of hearing, subject to the following conditions:-  The applicant/petitioner shall deposit 30% of the compensation amount before this Court within a period of four weeks from today and in case the compensation amount is not deposited as ordered, the interim order shall stand vacated.  The applicant/petitioner shall furnish personal bond in the sum of ₹20,000/-, 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 sentence, in case of ultimate dismissal of his Revision Petition by this Court.  The applicant/petitioner shall not leave the territory of India without the prior permission of this Court. Reply to the application be filed within four weeks. List on 03.08.2026. ( Jiya Lal Bhardwaj ) 29th June, 2026 Judge (Anurag)