Citation : 2025 Latest Caselaw 4090 HP
Judgement Date : 20 February, 2025
Lakhbeer Singh vs M/s Khanna Katha Udhyog
Criminal Revision No.87 of 2025
20.02.2025 Present: Mr. Sunil Thakur, Advocate, for the petitioner.
Criminal Revision No.87 of 2025
Heard.
Let notice be issued to respondent-
complainant [M/s Khanna Kath Udhyog],
returnable in four weeks, on taking steps within
three days.
Cr.MP No.467 of 2025
Heard.
Notice in aforesaid terms.
2. Petitioner-accused [Lakhbeer Singh],
has filed the instant application seeking
suspension of substantive sentence imposed
upon him in pursuance to the judgment of
conviction dated 27.07.2024 and order of sentence
dated 31.07.2024 [Annexure P-2], passed in
Complaint Registration No.354/2020 by Trial
Court i.e. Learned Chief Judicial Magistrate,
Una, District Una [HP]; which stands affirmed
on 31.12.2024 [Annexure P-1], by Learned
Additional Sessions Judge-II, Una, District Una [HP], in Criminal Appeal No.145 of 2024,
[Annexure P-1] whereby, the petitioner has been
directed to undergo simple imprisonment for
one year and has been fastened with the liability
for Rs.13,00,000/- [Rupees Thirteen Lakhs]
[Cheque amount and compensation].
3. After going through the accompanying
revision and the material on record and the
submissions made by Learned Counsel for
petitioner, this Court is of the considered view
that arguable points are involved and the
petitioner has made out a prima facie case for
grant of interim protection, at this stage.
4. Accordingly, the substantive sentence
imposed on the petitioner by Learned Trial Court
in terms of judgment of conviction dated
27.07.2024 and order of sentence dated
31.07.2024 [Annexure P-2], passed in Complaint
Registration No.354/2020 by Learned Chief
Judicial Magistrate, Una, District Una [HP];
which stands affirmed on 31.12.2024 [Annexure
P-1], by Learned Additional Sessions Judge-II,
Una, District Una [HP], in Criminal Appeal No.145/2024, shall remain deferred, subject to the
petitioner-accused [Lakhbeer Singh], depositing
30% of the fastened amount of liability [cheque
amount and compensation thereon], in addition
to the amount already deposited; and also
furnishing a personal bond to the tune of
Rs.75,000/-, with one surety in the like amount;
to the satisfaction of Learned Trial Court
concerned within four weeks' from today.
List the matter, before appropriate
Bench, on 27.03.2025.
(Ranjan Sharma) February 20, 2025 Vacation Judge (Chiranjeev)
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