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2026 DAILYLAW 5719 (HP)

SURENDER SHARMA v. NEK RAM VERMA

CRMPM/3019/2025 · 2026-01-06

Virender Singh

body2026

Judgment text

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Surender Sharma Vs Nek Ram Verma Cr. Revision No. _______ of 2026 06.01.2026 Present: Mr. Shyam Singh Chauhan, Advocate, for the applicant. Mr. S.K. Banyal, Advocate, for the respondent. Cr. MP(M) No. 3019 of 2025 By way of the present application, indulgence of this Court has been sought to condone the delay in filing the accompanying Criminal Revision, which, as per the report of the Registry is 1714 days. 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 1714 days, as occurred in filing the accompanying revision petition, is ordered to be condoned, subject to the cost of Rs. 5,000/-, which will be deposited with the H.P. High Court Advocates Welfare Association, within a period of 10 days, from today. The application stands disposed of. Criminal Revision No. of 2026. 3. Vide order of the even date passed in Cr.MP (M) No. 3019 of 2025, the delay in filing the revision petition has been ordered to be condoned, conditionally, 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.32-3 of 2015, titled as Nek Ram Verma Vs Surinder Sharma, by the Court of learned Chief Judicial Magistrate, Shimla, District Shimla H.P., (hereinafter referred to as 'the trial Court), vide judgment of conviction dated 25.10.2019. Vide order of sentence dated 14.11.2019, he has been ordered to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs. 4,25,000/-. 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 (I), Shimla, District Shimla, H.P. (hereinafter referred to as the Appellate Court') in Criminal Appeal No. 41-S/10 of 2019, vide judgment dated 05.04.2021. 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 admitted 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. of 2026 (CRMPST-11834/25) 10. By way of the present application, under Section 438(1) of BNSS, the petitioner/applicant has sought the suspension of order of sentence, dated 14.11.2019, passed by the learned trial Court in Criminal Case No.32-3 of 2015, and affirmed by the learned Appellate Court, in Criminal Appeal No. 41- S/10 of 2019, vide Judgment dated 05.04.2021. 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 14.11.2019, 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) The applicant shall not leave the territory of India without the prior permission of the Court. 12. In view of the submission, which has also not been opposed, that the entire amount of compensation has been paid, no order with regard to deposit of compensation is being passed. 13. The application is, thus, disposed of. 14. 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. ( Virender Singh ) Judge 06th January, 2026 (Pramod)