CRMPM/333/2021
2021 Latest Caselaw 1130 HP

Cr. MP(M) No. 333 of 2021

19.02.2021 Present: Mr. Mohan Singh, Advocate, for the petitioner.

.

Mr. Dinesh Thakur, Additional Advocate General for

respondent No. 2/State.

(THROUGH VIDEO CONFERENCING)

Cr. MP(M) No. 333 of 2021

Petitioner is serving the sentence imposed upon him by

the Trial Court and affirmed by the first Appellate Court in case

under Section 138 of the Negotiable Instrument Act. After

excluding the time in terms of order dated 23.3.2020 passed

by the Supreme Court of India in suo motu Writ Petition (Civil)

No. 3 of 2020, there is delay of 283 days in filing the present

Revision Petition. Learned Counsel for the petitioner submits

that he has instructions to say that the petitioner is ready and

willing to pay the entire compensation amount by tomorrow

i.e. 20.2.2021 in the Registry of this Court.

Considering the entire facts and circumstances of the

case and also submission made by the petitioner, the delay in

filing the Revision Petition is condoned. Application stands

disposed of.

Revision petition be registered.

Cr. Revision No. of 2021

List for consideration on 22nd February, 2021, before

appropriate Bench.

Cr.MP No. of 2021(Cr.MPST No. 893 of 2021)

Subject to deposit of of ` 2,70,000/- (rupees two lacs and

seventy thousand only) in the Registry of this Court by

tomorrow i.e. 20.2.2021 and also subject to furnishing of

personal bond in the sum of ` 50,000/- with one surety in the

like amount to the satisfaction of the trial Court by 22.2.2021

.

the sentence imposed upon the petition vide judgment/order

dated 31.5.2018/1.6.2018 passed by the learned Chief Judicial

Magistrate, Shimla, in Cr. Complaint No. RBT 2-3 of 2015, titled

as Niraj Sharma vs. Sanjay Kumar and affirmed by learned

Addl. Sessions Judge (I), Shimla, vide judgment dated 4.6.2019

in Cr. Appeal No. 33-S/10 of 2018, titled as Sanjay Kumar vs.

Niraj Sharma & another, shall remain suspended during the

pendency of the main revision petition.

Failure in compliance of either condition shall result into

vacation of this interim order automatically.

The bail bonds, so furnished by the applicant/petitioner,

shall be transmitted to the Registry of this Court for placing the

same on record. Alteration/vacation/modification on motion.

Application stands disposed of.

Parties may produce the downloaded copy of the order

passed by the Court before the Authorities concerned if

required and the concerned Authority shall not insist for the

certified copy of the order, rather passing of the order can be

verified from the web-page of this Court.

Authenticated copy of the order be also supplied to the

parties.

    February 19, 2021                          (Vivek Singh Thakur),
    (PK)                                          Vacation Judge.