Himachal Pradesh High Court
Vivek Kumar vs . Vikram Singh on 1 May, 2025
Author: Virender Singh
Bench: Virender Singh
Vivek Kumar Vs. Vikram Singh
Cr.MP(M) No.2766 of 2024
01.05.2025 Present: Mr. Mohar Singh, Advocate for the applicant.
None for the non-applicant/respondent.
On the last date of hearing, respondent had put
appearance through his counsel and the case was
adjourned for today for filing reply, as well as, Power of
Attorney. However, today, neither respondent himself
nor his counsel is present.
2. In such situation, further adjournment, for
this purpose, is not justifiable.
3. In view of the averments, as made in the
application, which is duly supported by the affidavit of
the applicant, the delay in filing the accompanying
Criminal Revision Petition is ordered to be condoned.
4. Application is, thus, disposed of.
Cr. Revision No._______ of 2025
5. Vide order of the even date, passed in CrMP(M)
No.2766 of 2024, the delay in filing the Criminal
Revision Petition has been ordered to be condoned. Be
registered.
6. Let, notice of the petition be issued to the
respondent for 19.06.2025, on taking steps, within a
period of seven days, from today.
7. By way of the present application, the
petitioner/applicant has sought the suspension of order
of sentence dated 05.04.2021, passed by the Court of
learned Judicial Magistrate First Class, Court No.2,
Nalagarh, District Solan, H.P. (hereinafter referred to as
the 'trial Court'), in Criminal Complaint No.331/3 of
2014, titled as, 'Vikram Singh Vs. Vivek Kumar
Bhardwaj'.
8. Vide judgment of conviction dated 01.04.2021
and order of sentence dated 05.04.2021, 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.5,20,000/- to the complainant.
9. Aggrived from the said judgment, petitioner
has preferred Criminal Appeal No.22-NL/10 of 2021,
titled as 'Vivek Kumar Bhardwaj Vs. Vikram Singh',
before the Court of learned Additional Sessions Judge,
Nalagarh, District Solan, H.P., (hereinafter referred to as
the 'Appellate Court'), which has been dismissed, vide
judgment dated 19.10.2023.
10. 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 05.04.2021 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.
11. Application is, thus, disposed of.
12. 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.
May 01, 2025 ( Virender Singh )
(Gaurav Thakur) Judge
