Khem Raj vs . Kameshwar
2023 Latest Caselaw 14553 HP

Khem Raj Vs. Kameshwar

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Criminal Revision No.505 of 2023

25.09.2023 Present: Ms. Leena Guleria, Advocate, for the petitioner.

The petitioner Khem Raj has filed the

present revision petition against the judgment dated.

21.7.2023, passed by learned Additional Sessions Judge-1,

Mandi, District Mandi, H.P. (hereinafter referred to as the

'Appellate Court').

Vide judgment dated 21.7.2023, learned

Appellate Court has dismissed the appeal bearing Criminal

Appeal No.16 of 2022, titled as Khem Raj versus

Kameshwar.

The petitioner has filed the said appeal

against the judgment of conviction dated 29.3.2022 and

order of sentence dated 20.04.2022, passed by learned

Judicial Magistrate First Class, Chachiot at Gohar, District

Mandi (hereinafter referred to as the 'trial Court'), in

Complaint No.279-I/2018/47-III/2019, titled as Kameshwar

Vs. Khem Raj.

Vide judgment dated 29.03.2022, the

learned trial Court has convicted the petitioner under

Section 138 of the Negotiable Instruments Act. Vide order

of sentence dated 20.4.2022, he has been ordered to

undergo simple imprisonment, for a period of six months

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and to pay a compensation of Rs.2,30,000/- to the

complainant.

Certain arguable points are involved in the

present petition, as such, notice be issued to the

respondents for 20th November, 2023.

Cr.MP No. 3579 of 2023

Since the disposal of the revision, filed by

the petitioner, against the judgment of conviction and order

of sentence, as referred to herein-above, will take sufficient

long time, as such, the order of sentence dated

20.04.2022, 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.50,000/-, along with 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, 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

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trial Court, with the direction that the report of compliance

of this order be submitted to this Court, well before the next

date of hearing.

Cr.MP No.3580 of 2023.

The application is disposed of with a

direction to the applicant-petitioner to file the certified copy

of Annexure P-2 on or before the next date.

(Virender Singh)

Judge September 25, 2023(ps)