Himachal Pradesh High Court

Sudhir Kumar vs . Punjab National Bank & on 23 May, 2025

Author: Virender Singh

Bench: Virender Singh

Sudhir Kumar vs. Punjab National Bank & Anr.

Cr. Revision No.267 of 2025

23.05.2025 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioner.

Mr. Sanjay Dalmia, Advocate, for respondent No.1.

Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, for respondent No.2/State.

Notice. Mr. Sanjay Dalmia, learned counsel and

Mr. Rohit Sharma, learned Deputy Advocate General, appear

and waive service of notice on behalf of respondents No.1 & 2,

respectively.

Service is complete.

Let record of the learned trial Court, as well as,

the learned Appellate Court, be requisitioned.

By way of the present application, which has

been filed, under Section 438(1) of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the petitioner/applicant has sought

the suspension of sentence imposed upon him, vide judgment

of conviction dated 29.10.2024 and order of sentence dated

30.10.2024, passed by the learned Chief Judicial Magistrate

Kangra, at Dharamshala, District Kangra, H.P., (hereinafter

referred to as the trial Court), in Criminal Complaint No.18-III/2024, titled as 'Punjab National Bank versus Sudhir

Kumar'.

Vide judgment of conviction dated 29.10.2024

and order of sentence dated 30.10.2024, the learned trial

Court has convicted the petitioner/applicant 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 fine of Rs.2,00,000/-. The judgment of

conviction and order of sentence passed by the learned trial

Court has been affirmed by the learned Sessions Judge,

Kangra at Dharamshala., (hereinafter referred to as the

Appellate Court), vide judgment dated 01.05.2025, passed in

Criminal Appeal No.33-D/X/2024, titled as 'Sudhir Kumar

versus Punjab National Bank'

Since, the present Criminal Revision Petition,

preferred against the judgment of conviction and order of

sentence, as referred to hereinabove, is likely to take sufficient

long time, for its disposal, as such, during the pendency of the

present revision petition, the order of sentence 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 any, already deposited by the applicant.