Himachal Pradesh High Court
Bharat Bhushan @Ishu vs . Gopal Chauhan on 29 May, 2025
Author: Virender Singh
Bench: Virender Singh
Bharat Bhushan @Ishu Vs. Gopal Chauhan
CrMP(M) No.888 of 2025
29.05.2025 Present: Mr. Jeevesh Sharma, Advocate for the
applicant.
None for the respondent.
Despite service of notice, no one has put
appearance, on behalf of the respondent. Further
adjournment, for this purpose, is not justifiable.
2. Heard.
3. By way of the present application, indulgence
of this Court has been sought to condone the delay in
filing the accompanying Criminal Revision Petition,
which, as per the report of Registry, is 248 days.
4. The delay has mainly been sought to be
condoned, on the ground that father-in-law of the
applicant is suffering from terminal illness and was
admitted in Mandav Super Specialty Hospital, Mandi.
The application is duly supported by the affidavit of the
applicant, as well as, the documents.
5. Since, the respondent, despite service of notice,
has not bothered to put appearance and to controvert
the explanation, as mentioned in the application, as
such, in view of the uncontroverted stand, duly
supported by the affidavit, this Court is satisfied with
the explanation, as mentioned in the application.
6. Accordingly, the application, under
consideration, is allowed and the delay in filing the
accompanying Criminal Revision Petition is ordered to
be condoned.
7. Application is, thus, disposed of.
Cr. Revision No._______ of 2025
8. Vide order of the even date, passed in CrMP(M)
No.888 of 2025, the delay in filing the Criminal Revision
Petition has been ordered to be condoned. Be registered.
9. Let, notice of the petition be issued to the
respondent for 17.07.2025, on taking steps, within a
period of seven days, from today.
10. By way of the present application, the
petitioner/applicant has sought the suspension of order
of sentence dated 02.03.2023, passed by the Court of
learned Additional Chief Judicial Magistrate, Theog,
District Shimla, H.P. (hereinafter referred to as the 'trial
Court'), in Criminal Case No.71/2020, titled as, 'Gopal
Chauhan Vs. Bharat Bhushan'.
11. Vide judgment of conviction dated 27.02.2023
and order of sentence dated 02.03.2023, 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 one year and to pay a
compensation of Rs.39,40,000/- to the complainant.
12. Aggrived from the said judgment, petitioner
has preferred Criminal Appeal No.RBT 13-T/10 of
2024/2023, titled as 'Bharat Bhushan Vs. Gopal
Chauhan', before the Court of learned Additional
Sessions Judge, Rohru, Camp at Theog, District Shimla,
H.P., (hereinafter referred to as the 'Appellate Court'),
which has been dismissed, vide judgment dated
17.08.2024.
13. 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 02.03.2023, passed by the
learned trial Court, 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 20% 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.
14. Application is, thus, disposed of.
15. 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 29, 2025 ( Virender Singh )
(Gaurav Thakur) Judge
