Himachal Pradesh High Court
Suresh Kumar vs . Karan Singh on 27 February, 2025
Author: Virender Singh
Bench: Virender Singh
Suresh Kumar vs. Karan Singh
Cr. Revision No.96 of 2025
27.02.2025 Present: Mr. Sudhir Bhatnagar, Advocate, for the
petitioner.
Mr. H.S. Rawat, Additional Advocate
General, for respondent No.2.
The petitioner has filed the present revision
petition against the judgment dated 04.01.2025, passed by
the Court of learned Sessions Judge, Mandi, H.P.
(hereinafter referred to as 'the First Appellate Court'), in
Criminal Appeal No.112 of 2024, titled as Suresh Kumar
Vs. Karan Singh & Another.
Vide judgment dated 04.01.2025, the
learned First Appellate Court has dismissed the appeal
filed by the petitioner against the judgment of conviction
dated 27.07.2024 and order of sentence, dated
29.07.2024, passed by the Court of learned Judicial
Magistrate First Class, Court No.3, Mandi (hereinafter
referred to as 'the trial Court'), in Comp. U/S 138 of N.I. Act
No.449 of 2020, titled as Karan Singh vs. Suresh Kumar.
Vide judgment of conviction dated
27.07.2024 and order of sentence, dated 29.07.2024, the
learned trial Court, has convicted the petitioner for the
offence punishable under Section 138 of Negotiable
Instruments Act and sentenced him to undergo simple
imprisonment, for a period of two months and to pay a
compensation of Rs.80,000/- to the complainant. In default
of payment of compensation, he is further directed to
undergo simple imprisonment for a period of 25 days.
There are certain arguable points involved in
the present petition, as such, notices are ordered to be
issued to the respondents.
Mr. H.S. Rawat, learned Additional Advocate
General, appears and accepts service of notice on behalf
of respondent No.2.
Let notice be issued to respondent No.1, for
1st May, 2025, on taking steps within a period of seven
days.
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
29.07.2024, 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.30,000/-, 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 50% 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 the direction that the report of compliance
of this order be submitted to this Court within a period of
eight weeks.
[ The application is disposed of with a
direction to the applicant-petitioner to file certified copy of
the trial Court judgment on or before the next date of
hearing.
(Virender Singh)
Judge
February 27, 2025 (ps)
