Himachal Pradesh High Court
Sanjay Shrivastav vs . Aruna Purta on 8 May, 2023
Bench: Jyotsna Rewal Dua
Sanjay Shrivastav Vs. Aruna Purta
.
Cr. Revision No. 241/2023
08.05.2023 Present: Mr. Parav Ram, Advocate vice Mr. B.R. Kashyap,
Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta, Additional Advocate General with
Ms. Seema Sharma and Mr. Sumit Sharma, Deputy
Advocates General, for respondent No.2.
Cr. Revision No. 241/2023
Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate
General, appears and waives service of notice on behalf of
respondent No.2. Issue notice to respondent No.1, returnable
for 15.06.2023, on taking steps within three days.
Cr.MP No.1496/2023
The judgment of conviction and orders of sentence
dated 23.07.2023/01.08.2022, passed by the learned Judicial
Magistrate First Class, Court No.7, Shimla in Case No. 119-3
of 2014 (Sanjay Shrivastav Vs. Aruna Purta) under Section
138 of the Negotiable Instruments Act (in short 'the Act'), was
affirmed by the learned Sessions Judge, Shimla, H.P. on
07.12.2022, in Criminal Appeal No.40-S/10 of 2022. The
petitioner has been convicted for the offence punishable
under Section 138 of the Act and has been sentenced for
simple imprisonment for a term of one month. He has been
further directed to pay compensation of Rs. 2,30,000/- to the
complainant.
Learned counsel for the petitioner submits that
the petitioner was on bail during trial and also before the
learned Appellate Court. It was further submitted that there
was no complaint against the petitioner during the aforesaid
.
period with respect to violation of the conditions imposed
upon him. Hence, prayer was made for suspension of
sentence imposed upon the petitioner. Taking into
consideration the above facts and the fact that the revision
petition involves arguable points, it is ordered that substantive
sentence r imposed upon the petitioner shall remain
suspended subject to following conditions
(i) The petitioner shall furnish personal bond in
the sum of Rs.25,000/- with one local surety in
the like amount to the satisfaction of learned Trial
Court within two weeks.
(ii) The petitioner shall deposit the entire
compensation amount in the learned Trial Court
within a period of four weeks from today. It is
clarified that the amount shall also include the
amount already deposited, if any, by the
petitioner before the learned Trial Court.
(iii) In the event of revision petition being
dismissed, the petitioner shall surrender himself
before the learned Trial Court for receiving the
sentence, if any.
The application stands disposed of.
Cr.MP No.1497/2023
The application is disposed of with a direction to the
.
applicant/petitioner to file certified copy of the learned Court
before the next date of hearing.
Jyotsna Rewal Dua
Judge
8th May, 2023
(Rohit)
