Dola Singh vs . The Union Bank Of India
2022 Latest Caselaw 10213 HP

Dola Singh Vs. The Union Bank of India

Criminal Revision No. 234 of 2020

01.12.2022 Present: Mr. D.S. Kainthla, Advocate, for the petitioner.

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Mr. Sanjay Dalmia, Advocate, for the respondent.

On 26.07.2022, the following order was passed:-

"On the request of learned counsel for the petitioner, list after three weeks. It is made clear that

in case 50% of the cheque amount, including the payment which has already been made by the

petitioner is not deposited by the next date of

hearing, then the Court will have no option but to withdraw the interim protection granted to the petitioner."

2. 50% of the cheque amount has till date not been

deposited by the petitioner/convict. A perusal of the record

demonstrates that the judgment was passed by the Court of

learned Chief Judicial Magistrate, Kullu, District Kullu, H.P. in the

Complaint filed by the complainant under Section 138 of the

Negotiable Instrument Act, 1881 on 25.04.2019 and appeal filed

against the same was dismissed by the Court of learned

Additional Sessions Judge, Kullu, District Kullu, H.P. on

07.03.2020. After dismissal of the appeal, in the present revision

petition, the benefit of suspension of sentence is being enjoyed

by the petitioner since 14.10.2020, without complying with the

order passed by this Court on the said date.

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3. In these circumstances, the interim protection

granted to the petitioner by this Court on 14.10.2020 is hereby

vacated. The respondent-complainant is at liberty to execute the

judgment, dated 25.04.2019, passed by the Court of learned

Chief Judicial Magistrate, Kullu, District Kullu, H.P. in Criminal

Complaint No. 131-I/2013.

4. As prayed for, list for consideration after four weeks.

(Ajay Mohan Goel) Judge

December 01, 2022 (bhupender)