Himachal Pradesh High Court
Ashwani Kumar vs . Ramesh Chand on 31 October, 2023
Bench: Virender Singh
Ashwani Kumar vs. Ramesh Chand
.
Cr. Revision No. 570 of 2023
31.10.2023 Present: Ms. Devyani Sharma, Senior Advocate assisted
by Mr. Anirudh Sharma, Advocate for the
petitioner.
The petitioner has filed the present revision
petition against the judgment dated 01.08.2023
passed by the learned Sessions Judge, Una, District
Una, H.P. (hereinafter referred to as 'the Appellate
Court') in Criminal Appeal No. 16 of 2023 in case
titled as Ashwani Kumar vs. Ramesh Chand.
Vide judgment dated 01.08.2023, the learned
Appellate Court has dismissed the appeal, which has
been filed by the petitioner against the judgment of
conviction dated 24.12.2022 and order of sentence
dated 31.12.2022, passed by the Court of learned
Additional Chief Judicial Magistrate, Court No.1, Una,
District Una, H.P., (hereinafter referred to as 'the trial
Court'), in Complaint Case No. 4-II-2018 titled as
Ramesh Chand vs. Ashwani Kumar.
Vide judgment of conviction and order of
sentence, as referred to above, the learned trial Court
has convicted the petitioner for the offence punishable
under Section 138 of the Negotiable Instruments Act
and sentenced him to undergo simple imprisonment,
for a period of one year and to pay a compensation of
Rs.8,20,000/-.
Certain arguable points are involved in the
.
present petition, as such, let notice of the petition be
issued to respondent, returnable for 28th December,
2023. Steps be taken within a period of seven days
from today.
Cr.M.P No. 4055 of 2023
Since the revision against the judgment of
conviction and order of sentence will take sufficient
time for its disposal, as such, during the pendency of
the revision petition, the operation of order of sentence
dated 31.12.2022 passed by the learned trial Court is
ordered to be suspended, 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 30% of the
compensation amount with the learned trial
Court, within a period of four weeks from
today, which shall be in addition to the
amount, if any, already deposited by the
applicant.
The application is, thus, disposed of.
Cr.M.P No. 4056 of 2023
The application is disposed of with a direction
to the applicant/petitioner to file certified copy of learned
trial Court judgment on or before the next date of
hearing.
A copy of this order be sent to the learned
.
trial Court, with a direction that the report of compliance
of this order be submitted to this Court within a period
of six weeks.
List on 28th December, 2023.
October 31, 2023 ( Virender Singh )
(naveen) Judge
