Sunder Singh vs . Rajesh Kumar
2023 Latest Caselaw 16193 HP

                               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

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

revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence;

.

(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)