Himachal Pradesh High Court
Pankaj Thakur vs . Yog Raj on 7 November, 2024
Author: Sushil Kukreja
Bench: Sushil Kukreja
Pankaj Thakur Vs. Yog Raj
Cr.MP(M) No.2366 of 2024
07.11.2024 Present: Mr. B.N. Mehta, Advocate, for the applicant-
appellant.
Mr. S.S. Roach, Advocate, for the respondent.
Cr.MP(M) No.2366 of 2024
Mr. S.S. Roach, Advocate, has put in appearance on
behalf of the respondent. He states that Power of Attorney shall
be filed during the course of the day today.
2. No reply is intended to be filed to the instant
application.
3. Heard. In view of the averments made in the
application, the same is allowed and the delay in filing the
revision petition is condoned. The criminal revision be registered.
4. The application stands disposed of.
Cr. Revision No.714 of 2024
5. Notice. Mr. S.S. Roach, Advocate, accepts notice on
behalf of the respondent.
6. Let record of the Courts below be called for.
7. List on 18.11.2024.
8. Vide judgment of conviction dated 08.09.2016 and
order of sentence dated 21.09.2016, passed by the learned Addl.
Chief Judicial Magistrate, Rampur Bushehar, District Shimla,
H.P., the applicant-petitioner was convicted for the offence
punishable under Section 138 of the Negotiable Instruments Act
('NI Act') and was sentenced to undergo simple imprisonment for
a period of one year and to pay compensation of Rs.1,50,000/- in
lieu of the dishonoured cheque. The aforesaid judgment of
conviction/order of sentence was affirmed by the learned
Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr,
HP H.P., vide judgment dated 01.10.2021.
9. Learned counsel for the applicant-petitioner has
submitted that a sum of Rs.45,000/-, deposited by the applicant-
petitioner before the learned trial Court, has already been
released in favour of the respondent/complainant on 13.08.2018
and he is willing to pay the remaining amount of Rs.1,05,000/- to
the complainant.
10. Complainant Yog Raj, who is present in the Court,
has received a sum of Rs.1,05,000/- from the learned counsel for
the petitioner in the Court today. Vide his separate statement
recorded today, he stated that he has no objection in case the
judgment of conviction and order of sentence imposed upon the
petitioner are set aside and he is acquitted of the offence
punishable under Section 138 of NI Act.
11. Since the entire amount of compensation has been
paid to the respondent/complainant, it is ordered that the
substantive sentence imposed upon the applicant-petitioner, vide
the aforesaid judgment of conviction dated 08.09.2016 and order
of sentence dated 21.09.2016, which was affirmed by the
learned lower Appellate Court, shall remain suspended till final
disposal of the petition. The applicant-petitioner, who is presently
lodged in Central Model Jail, Kanga, District Shimla, HP, shall
be released forthwith, subject to his furnishing personal bond in
the sum of Rs.25,000/- with one surety in the like amount to the
satisfaction of Registrar (Judicial), undertaking therein to appear
in the Court as and when directed and in the event of the
dismissal of the petition, the applicant will surrender before the
Court to undergo sentence, if any, imposed by the Court.
12. The application stands disposed of.
13. The application is disposed of with a direction to the
applicant-petitioner to file certified copy of the judgment of the
learned trial Court before the next date of hearing.
(Sushil Kukreja)
November 07, 2024 Judge
(VH)
DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH,
OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA,
VIRENDER Phone=
3c5f9e29e91dda973d928ffd06d59832d2dd97b9e289811
7bfa738990a0ea7ba, PostalCode=171001, S=Himachal
Pradesh, SERIALNUMBER=
fed3018c26866cd3d598cb3749b3fb29d4abef4b8498368
BAHADUR 9d027cb645c9bb134, CN=VIRENDER BAHADUR
Reason: I am approving this document
Location:
Date: 2024.11.07 15:32:37+05'30'
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