Jeevan Singh vs . Sanjeev Kumar
2025 Latest Caselaw 201 HP

Himachal Pradesh High Court

Jeevan Singh vs . Sanjeev Kumar on 1 May, 2025

Author: Virender Singh

Bench: Virender Singh

Jeevan Singh Vs. Sanjeev Kumar

Cr. Revision No.210 of 2025

01.05.2025 Present: Mr. Hemant Kumar Thakur, Advocate for the petitioner.

Let, notice of the petition be issued to the

respondent for 26.06.2025, on taking steps, within a

period of seven days, from today.

CrMP No.1538 of 2025

2. By way of the present application, the

petitioner/applicant has sought the suspension of order

of sentence dated 29.11.2023, passed by the Court of

learned Judicial Magistrate First Class, Manali, District

Kullu, H.P. (hereinafter referred to as the 'trial Court'),

in Complaint No.43/2020, titled as, 'Sanjeev Kumar Vs.

Jeevan Singh'.

3. Vide judgment of conviction and order of

sentence dated 29.11.2023, the learned trial Court has

convicted the petitioner for the offence punishable

under Section 138 of the Negotiable Instruments Act,

1881 (hereinafter referred to as the 'NI Act') and

sentenced him to undergo simple imprisonment for a

period of six months and to pay a compensation of

Rs.6,25,000/- to the complainant.

4. Aggrived from the said judgment, petitioner

has preferred Criminal Appeal No.01 of 2024, titled as

'Jeevan Singh Vs. Sanjeev Kumar', before the Court of

learned Sessions Judge, District Kullu, H.P., (hereinafter referred to as the 'Appellate Court'), which

has been dismissed, vide judgment dated 11.03.2025.

5. Now, the petitioner is before this Court by way

of the present Criminal Revision Petition, which is likely

to take sufficient long time, for its disposal, as such,

during the pendency of the present revision petition, the

order of sentence dated 29.11.2023 is ordered to be

suspended, 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 he will surrender before the learned trial Court to serve the remainder substantive sentence, in case of ultimate dismissal of the present revision petition, by this Court;

(ii) That the applicant shall deposit 30% of the total amount of compensation, which has been referred to by the learned trial Court as fine, with the learned trial Court, within a period of four weeks from today, which shall be in addition to the amount, if not, already deposited by the applicant.

(iii) The applicant shall not leave the territory of India without the prior permission of the Court.

6. Application is, thus, disposed of.

7. A copy of this order be sent to the learned

trial Court, with a direction that the report of

compliance of this order be submitted to this Court.

8. Application, for the reasons, stated therein, is

allowed and applicant/petitioner is exempted from

filing certified copy of the judgment, passed by the learned trial Court, at this stage. Needful be done,

within a period of four weeks.

Application stands disposed of.

May 01, 2025                           ( Virender Singh )
  (Gaurav Thakur)                            Judge