[Cites 2, Cited by 0]
Himachal Pradesh High Court
Devinder Singh vs The Hp, State Co-Operative on 4 February, 2026
Devinder Singh Vs The HP, State Co-operative
Agriculture and Rural Development Bank Limited.
.
Cr. Revision No. 83 of 2026
04.02.2026. Present: Mr. Mohar Singh, Advocate, for the
petitioner.
Mr. Dev Raj, Advocate vice Mr. Narender
Singh Thakur, Advocate for the
of
respondent.
Notice. Mr. Dev Raj, Advocate vice Mr.
rt
Narender Singh Thakur, learned Standing Counsel,
appears and waives service of notice on behalf of the
respondent.
Reply, if any, be filed within four weeks.
List on 24.03.2025, before appropriate
Bench.
Notice in the aforesaid terms.
By way of present application, the
applicant/petitioner has prayed for suspension of
substantive sentence imposed upon him by the
learned trial Court.
The applicant/petitioner was convicted for the
commission of offence punishable under Section 138
of the Negotiable Instruments Act,1881 by the
learned Additional Chief Judicial Magistrate
Court No.1, Rohru, District Shimla, H.P in Criminal
.
Case No. 54-3 of 2022, titled, the Manager, HP
State Agriculture and Rural Development Bank
Ltd versus Devinder Singh vide judgment dated
09.07.2024 and thereafter vide order dated
of
18.07.2024 was sentenced to undergo simple
imprisonment for four months and further to pay fine
rt
of Rs. 2,00,000/-to be paid to the respondent- Bank
as compensation and in default of payment of fine to
further undergo simple imprisonment for one month.
The applicant/petitioner had filed the
appeal before learned Additional Sessions Judge
Rohru, H.P which was dismissed on 03.01.2026.
A perusal of the grounds of revision
petition reveals that there are arguable points raised
in the petition and in case the substantive sentence
imposed upon the petitioner is not suspended during
the pendency of the revision petition, the very
purpose of filing revision petition will be frustrated.
Keeping in view the above facts, the substantive
sentence imposed by the learned trial Court is
suspended till the next date of hearing with the
following conditions:-
. That the applicant shall deposit 30% of the
compensation amount before the learned trial
.
court within a period of four weeks from today
and in case, the amount as directed is not
deposited within the afore stated period, the
substantive sentence imposed upon him shall
be revived.
. That the applicant shall furnish personal bond
in the sum of Rs. 50,000/- with one surety in
of
the like amount to the satisfaction of the learned
trial Court and further give an undertaking
therein that in case the revision petition filed by
him is dismissed, he will surrender before the
rt learned trial Court to serve the substantive
sentence
. That the applicant shall not leave the territory
of India without the permission of this Court.
The application is disposed of with a
direction to the applicant/petitioner to file the
certified copy of judgment of conviction and order of
sentence dated 09.07.2024/ 18.07.2024, passed by
learned Additional Chief Judicial Magistrate
Court No.1, Rohru, District Shimla, HP within four
weeks from today.
(Jiya Lal Bhardwaj)
February 04, 2026 Vacation Judge
[G.M}]
