Raju vs . Virender Sidhu
2023 Latest Caselaw 17212 HP

Raju vs. Virender Sidhu

.

Cr. Revision No. 568 of 2023

31.10.2023 Present: Mr. Ashok Kumar, Advocate for the petitioner.

The petitioner has filed the present revision

petition against the judgment dated 16.08.2023

passed by the learned Sessions Judge, Kullu, District

Kullu, H.P. (hereinafter referred to as 'the Appellate

Court') r in Criminal Appeal No. 08 of 2023 in case

titled as Raju vs. Virender Sidhu.

Vide judgment dated 16.08.2023, the learned

Appellate Court has dismissed the appeal, which has

been filed by the petitioner against the judgment of

conviction dated 22.12.2022 and order of sentence

dated 23.12.2022, passed by the Court of learned

Juicial Magistrate First Class, Manali, District Kullu,

H.P., (hereinafter referred to as 'the trial Court'), in

Criminal Complaint No. 103 of 2022, titled as Virender

Sidhu vs. Raju.

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 six months and to pay a compensation

of Rs.2,50,000/-.

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. 4048 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 23.12.2022 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.

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