Naveen Chandra vs . Narula Can
2023 Latest Caselaw 5662 HP

Naveen Chandra Vs. Narula Can

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Cr.R No. 250/2023

11.05.2023 Present: Mr. Kishore Pundeer and Mr. Alvin Massey, Advocates, for the petitioner.

Criminal Revision No.250/2023

Issue notice to the respondent, returnable for

23.06.2023, on taking steps within three days.

Cr.MP No.1557/2023

The judgment of conviction and order of sentence

dated 15.12.2020, passed by the learned Judicial Magistrate

First Class, Court No.1, Solan, District Solan, H.P. in Criminal

Case No.27-III/2007 (Narula Can Industries Vs. Naveen

Chandra) under Section 138 of the Negotiable Instruments

Act (in short 'the Act'), was affirmed by the learned Sessions

Judge, Solan, District Solan, on 22.12.2022, in Criminal

Appeal No.2-S/10 of 2021. 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 six

months. He has been further directed to pay compensation of

Rs.12,00,000/- to the complainant. Learned counsel for the

petitioner submits that the petitioner was on bail during trial

and the substantive sentence imposed upon him was

suspended by the learned Appellate Court. Prayer has

accordingly been made for suspension of sentence.

In view of the pleadings made in the application

and the submissions advanced by learned counsel for the

petitioner, it is ordered that substantive sentence imposed

upon the petitioner shall remain suspended subject to

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following conditions:-

(i) The petitioner shall furnish personal bond in

the sum of Rs.50,000/- with one local surety in the

like amount to the satisfaction of learned Trial

Court within two weeks.

r (ii) The petitioner shall deposit 50% of the

compensation amount in the learned Trial Court

within a period of six weeks from today. It is

clarified that 50% of the compensation 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.

Jyotsna Rewal Dua Judge 11th May, 2023 (Rohit)