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High Court of Himachal Pradesh · body

2026 DAILYLAW 4826 (HP)

NARESH KUMAR v. SURESH KUMAR

CRMPM/3012/2025 · 2026-01-06

Virender Singh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Naresh Kumar Vs Suresh Kumar Cr. Revision No. _______ of 2026 06.01.2026 Present: Mr. Ravinder Singh Chandel, Advocate, for the petitioner. Kr. Virender Singh, Advocate, for the respondent. Cr. MP(M) No. 3012 of 2025 In pursuance of the notice, issued by this Court, respondent has put appearance. 2. In view of the no objection, made by learned Counsel for the respondent, the delay of 14 days, as occurred in filing the accompanying revision petition, is ordered to be condoned. The application stands disposed of. Criminal Revision No. of 2026. 3. Vide order of the even date passed in Cr.MP (M) No. 3012 of 2025, the delay in filing the revision petition has been ordered to be condoned, as such, the revision petition be registered. 4. The petitioner/applicant has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act in Criminal Case No. 37/3 of 2013 titled as Suresh Kumar Vs Naresh Kumar, by the Court of learned Judicial Magistrate First Class, Arki, District Solan, H.P., (hereinafter referred to as 'the trial Court), vide judgment of conviction dated 24.05.2022. Vide order of sentence dated 03.06.2022, he has been ordered to undergo simple imprisonment, for a period of two months and to pay a compensation of Rs. 4,50,000/-. 5. The aforesaid judgment of conviction and order of sentence has unsuccessfully been assailed by the petitioner/applicant before the Court of learned Additional Sessions Judge-II, Solan, District Solan, H.P. Camp at Arki (hereinafter referred to as the appellate Court') in Criminal Appeal No. 21-ASJ-II/10 of 2022, vide judgment dated 23.07.2025. 6. Aggrieved from the judgment of conviction and order of sentence passed by the learned trial Court, as referred to above, and affirmed by the Court of learned Appellate Court, the petitioner has preferred the instant revision petition. 7. There are certain arguable points involved in the present petition, as such, the same is accepted for hearing. 8. Records of the learned trial Court, as well as, the learned Appellate Court be requisitioned for the next date of hearing. 9. List on 17.03.2026. Cr. MP No. 111 of 2026 10. By way of the present application, under Section 430 of BNSS, the petitioner/applicant has sought the suspension of order of sentence, dated 03.06.2022, passed by the learned trial Court in Criminal Case No.37/3 of 2013, and affirmed by the learned First Appellate Court, in Criminal Appeal No. 21-ASJ-II/10 of 2022, vide Judgment dated 23.07.2025. 11. Since the disposal of the revision, filed by the petitioner, against the judgment of conviction and order of sentence, as referred to herein-above, will take sufficient long time, as such, the order of sentence dated 03.06.2022, is suspended during the pendency of the revision, 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 in the event of final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence; (ii) That the applicant shall deposit 30% of the cheque amount, with the learned trial Court, within a period of six weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant. (iii) The applicant shall not leave the territory of India without the prior permission of the Court. 13. In view of the submission, which has also not been opposed, the entire amount of compensation has been paid. As such, no order with regard to deposit of compensation is being passed. 14. The application is, thus, disposed of. 15. A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court on or before the next date of hearing. Cr. MP No. of 2026(CRMPST No.263 of 2026) 16. Notice. Kr. Virender Singh Advocate, appears and waives service of notice on behalf of the respondent. 17. Enabling the respondent to file reply to the application. List on the date fixed. ( Virender Singh ) Judge 06th January, 2026 (Pramod)