Sunder Singh Vs. Rajesh Kumar
.
Cr. Revision No. 546 of 2023
12.10.2023 Present: Mr. Dinendar Panwar, Advocate, for the
petitioner.
The petitioner has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act in case No. 499-B of 2019, titled as, 'Rajesh Kumar versus Sunder Singh' by the Court of learned Judicial Magistrate First Class, Court No. 3, Shimla, (hereinafter referred to as 'the trial Court), vide judgment dated 8.8.2022. Vide order of sentence dated 8.8.2022, he has been sentenced to undergo simple imprisonment, for a period of six months and to pay compensation double of the cheque amount viz. Rs. 98,890/-. In default, he has been sentenced to further undergo simple imprisonment, for a period of two months.
2. The aforesaid judgment of conviction and order of sentence has unsuccessfully been assailed by the petitioner before the Court of learned Additional Sessions Judge-I, Shimla (hereinafter referred to as 'the first appellate Court') in criminal Appeal No. 56-S/10 of 2022, vide judgment dated 8.8.2023.
3. Aggrieved from the judgment of conviction and order of sentence, passed by the learned trial Court, as referred to above, and affirmed by the learned First ::: Downloaded on - 12/10/2023 20:41:08 :::CIS Appellate Court, the petitioner has preferred the instant .
revision petition.
Notice be issued to respondent, on steps being taken within a week, returnable for 7.12.2023.
4. Notice be issued to respondent, on steps being taken within a week, returnable for 7.12.2023.
5. Records of the learned trial Court, as well as, the learned First Appellate Court be requisitioned for the next date of hearing.
Cr. M.P. No. 3879 of 2023
6. By way of the present application, under Section 397 (1) of the Code of Criminal Procedure, the applicant has sought suspension of order of sentence, dated 8.8.2022, passed by the learned trial Court, in Criminal case No. 499-B of 2019, and affirmed by the learned First Appellate Court in Criminal Appeal No. 56- S/10 of 2022, vide judgment dated 8.8.2023.
7. Since, the revision against the judgment of conviction and order of sentence, as referred to herein- above, will take sufficient long time, for its disposal, as such, the order of sentence 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.30,000/-, alongwith 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 ::: Downloaded on - 12/10/2023 20:41:08 :::CIS revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence;
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(ii) That the applicant shall deposit 40% of the cheque amount, which shall be in addition to the amount already deposited by the applicant, before the learned trial Court, within a period of four weeks from today.
8. The application is, thus, disposed of.
9. 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 October 12, 2023 (kalpana) ::: Downloaded on - 12/10/2023 20:41:08 :::CIS