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2026 DAILYLAW 4347 (HP)

SATYA DEVI v. SANJAY KUMAR

CRMPM/629/2026 · 2026-04-29

Sandeep Sharma

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SATYA DEVI Versus SANJAY KUMAR CRMPM-629 of 2026 29.04.2026 Present: Mr. Suneel Awasthy, Advocate, for the applicant/petitioner. Mr. Rakesh Chauhan, Advocate, for the non- applicant/respondent. CRMPM-629 of 2026 Pursuant to Dasti notice issued in terms of order dated 28.04.2026, Mr. Rakesh Chauhan, Advocate has put in appearance on behalf of respondent. While praying for time to file Power of Attorney, he fairly states that he does not intend to file reply to the application and same can be disposed of on its own merits. Having carefully perused the averments contained in the application, which are duly supported by an affidavit, this Court finds no impediment in accepting the prayer, especially when delay caused in maintaining accompanying criminal appeal does not appear to be intentional or willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant, as such, the same deserves to be condoned. In view of above, delay, which has been otherwise sufficiently explained is condoned. The application is disposed of. Cr. Revision No. _______ of 2026 Be registered. Instant criminal revision petition filed under Section 438 read with Section 442 of Bharatiya Nagrik Suraksha Sanhita, lays challenge to judgment dated 27.07.2023 passed by learned Additional Sessions Judge, Nalagarh, District Solan, H.P., in Criminal Appeal No.41/2020, affirming the judgment of conviction dated 01.09.2018 and order of sentence dated 07.09.2018 passed by learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., in Criminal Complaint No.27-3 of 2013, whereby court below, while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short ‘Act’) convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.3,30,000/- to the respondent-complainant. At this stage, learned counsel for the parties have apprised the Court that their clients have compromised the matter and respondent is ready to compound the offence. In view of the above, list on 22.05.2026, on which date, parties shall remain present in Court. Cr.MP No.______ of 2026 (Cr.MPST2826/26) Since the matter stands compromised inter se parties and the applicant/petitioner is in jail, substantive sentence imposed by the learned court below is suspended and applicant is ordered to be released on bail subject to furnishing personal bonds in the sum of Rs. 25,000/- (rupees twenty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court within a period of four weeks, with condition that the applicant shall appear in the court as and when directed and shall surrender to serve out the sentence imposed, in case the revision is ultimately dismissed. April 29, 2026 (Sandeep Sharma), (sunil) Judge