Himachal Pradesh High Court
Reeta vs . State Bank Of India on 29 October, 2024
Reeta Vs. State Bank of India
Cr. Revision No.703 of 2024
29.10.2024 Present: Mr. Sunil Kumar, Advocate, for the petitioner.
Mr. Sanjay Ranta, Advocate, for the
respondent.
Notice. Mr. Sanjay Ranta, Advocate, appears
and waives service of notice on behalf of the respondent.
Cr.MP No.4450 of 2024
For the reasons stated in the application, delay
in refiling the criminal revision after removing the objection
is condoned. Application stands disposed of.
Cr.MP NO.4449 of 2024
Petitioner has filed the present revision petition
against the judgment dated 03.07.2024, passed by the
learned Additional Sessions Judge, Kangra at
Dharamshala, District Kangra, H.P. (hereinafter referred to
as the 'learned First Appellate Court'), in Criminal Appeal
No. 3-D/X/2023, titled Reeta vs. State Bank of Patiala.
Vide judgment dated 03.07.2024, the learned
First Appellate Court has dismissed the appeal, which has
been preferred against the judgment of conviction and
order of sentence dated 28.12.2022, passed by the learned
Judicial Magistrate, Kangra at Dharmashala, District
Kangra, HP (hereinafter referred to as the 'learned trial
Court'), in Criminal COMPLAINT No.28-III/15, titled State
Bank of Patiala Vs. Reeta.
Vide judgment of conviction and order of
sentence, as referred-to-above, the learned trial Court has
convicted the applicant for the offence punishable under
Section 138 of the Negotiable Instruments Act and directed
her to undergo simple imprisonment for a period of three
months and to pay a compensation of Rs.1,90,000 +
10,000.
As per averments made in the application,
applicant has been taken into custody on 03.07.2024 and
is presently lodged in the judicial custody.
Since the revision against the judgment of
conviction and order of sentence will take sufficient time
for its disposal, as such, the order of sentence dated
28.12.2022, passed by the learned trial Court and the
judgment affirming the same are ordered to be suspended
during the pendency of the revision petition and applicant
Reeta wife of Sanjay Kumar, r/o Village Bhatehar, PO
Passu, Tehsil Dharamshala, District Kangra, HP, who is
presently lodged in judicial custody is ordered to be
released, subject to the following conditions:
(i) That the applicant shall furnish
personal bond in the sum of Rs. 50,000/-,
alongwith one surety of the like amount,
to the satisfaction of the learned trial
Court within a period of six weeks from
today, with an undertaking that in the
event of final dismissal of the revision
petition, dhe will surrender before the
learned trial Court to serve the remainder
substantive sentence:
(ii) That the applicant shall deposit 50%
of the compensation amount with the
learned trial Court, within a period of six
weeks from today. It is further clarified
that this amount shall be in addition to the
amount, if any, already deposited by the
applicant.
The learned trial Court is directed to submit the
report of compliance of this order to this Court within a
period of six weeks. The application stands disposed of.
A copy of this order be sent to the
Superintendent, Sub Jail, concerned and the learned trial
Court by FASTER. A downloaded copy of this order shall be
accepted by the learned trial Court while accepting the bail
bonds from the petitioner and in case, said Court intends
to ascertain the veracity of the downloaded copy of the
order presented to it, same may be ascertained from the
official website of this Court.
(Bipin C. Negi)
Judge
29th October, 2024
(Gaurav Rawat)
KALYAN
DN: C=IN, O=HIGH COURT OF
HIMACHAL PRADESH, OU=HIGH COURT
OF HIMACHAL PRADESH SHIMLA,
Phone=6369e224816150950e4e573e4e34
d1a10ba376e1f8f8ee29dacc0d935a099c06
SINGH , PostalCode=171001, S=Himachal
Pradesh,
SERIALNUMBER=d7f9b938be1296b50deb
a92fd93c409a194151aefd5316a9735ca7a
TANTA
14b704bd8, CN=KALYAN SINGH TANTA
Reason: I have reviewed this document
Location:
Date: 2024-10-29 18:33:47
