[Cites 3, Cited by 0]
Himachal Pradesh High Court
Raj Kishore And Another vs . Punjab National Bank And Another. on 5 February, 2026
Raj Kishore and Another Vs. Punjab National Bank and Another.
.
Cr. Revision No. 87 of 2026
05.02.2026 Present: Mr. Raj Kishore, Advocate, vice Mr. Jeevesh
Sharma, Advocate, for the petitioners.
Mr. Anish Banshtu, Deputy Advocate
of
General, for respondent No.2.
Cr. Revision No.87 of 2026
rt Learned counsel for the petitioners has fairly
conceded that the petitioners had filed two appeals
against the judgment of conviction and order of sentence
passed by the learned trial Court. In view of the fact that
two separate appeals were preferred by the petitioners,
the petitioners have to file two revision petitions.
2. Since the petitioners have filed the common
revision petition against the common judgment passed in
two appeals, the present petition is entertained on behalf
of Raj Kishore i.e. petitioner No.1.
3. Learned counsel has prayed that he may be
granted permission to delete the name of petitioner No.2
and further liberty to assail the judgment under challenge
by way of filing separate Revision Petition.
4. Once this Court has come to the conclusion
that one revision on behalf of both the petitioners is not
maintainable, the liberty, as prayed for, is granted and
the present petition is treated on behalf of petitioner No.1
only.
5. Issue notice to respondent No.1, returnable
.
for 27.04.2026, on taking steps within one week.
6. Notice. Mr. Anish Banshtu, learned Deputy
Advocate General, appears and waives service of notice
on behalf of respondent No.2.
of
7. List on 27.04.2026, before the appropriate
Bench.
8.
rtThis application is also treated on behalf of
petitioner No.1, only.
9. Notice in the aforesaid terms.
10. By way of present application, the
applicant/petitioner has prayed for suspension of
substantive sentence imposed upon him by the learned
Chief Judicial Magistrate, Kinnaur at Reckong Peo, District
Kinnaur, H.P., in Filing No.329/2015 (Reg. No.36/2015),
titled, Punjab National Bank Vs. Raj Kishore and Another.
11. The applicant/petitioner was tried for
commission of offence under Section 138 of the
Negotiable Instruments Act, 1881, for dishonour of
cheque issued by him in favour of the
respondent/complainant, amounting to Rs.45,00,000/-.
and vide judgment dated 30.12.2022, he was convicted
along with his wife and vide order dated
11.05.2023/11.10.2023, he has been sentenced to
undergo simple imprisonment for one year and further to
pay fine of Rs.25,00,000/- to the respondent/complainant.
The wife of the applicant/petitioner was sentenced to
.
undergo simple imprisonment for six months and to pay
fine of Rs.25,00,000/- to the respondent/complainant. In
default of payment of fine, applicant/petitioner along with
his wife to further undergo simple imprisonment of one
of
month.
12. The applicant/petitioner had filed the appeal
before the learned Sessions Judge, Kinnaur, Sessions
rt
Division at Rampur Bushehar, Camp Court at Reckong
Peo, District Kinnaur, H.P. and the same was dismissed
vide judgment dated 16.12.2025. Learned Sessions Judge
has also dismissed the appeal preferred by the wife of the
applicant/petitioner.
13. A perusal of grounds of revision reveals that
the applicant/petitioner has raised arguable points in the
revision petition. Since the learned Trial Court has
sentenced the applicant/petitioner to undergo simple
imprisonment for a period of one year, it is ordered that
the substantive sentence imposed upon the
applicant/petitioner shall remain suspended till the next
date of hearing, on the following conditions:
. That the applicant shall deposit 30% of the fine
amount before the learned trial court within a
period of eight 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
the like amount to the satisfaction of the
learned trial Court within eight weeks, with an
.
undertaking therein that in case the revision
petition filed by him is dismissed, he will
surrender before the learned trial Court to serve
the substantive sentence.
That the applicant shall not leave the territory
of India without the permission of this Court.
of
List on 27.04.2026.
rt ( Jiya Lal Bhardwaj )
5 th
February, 2026 Vacation Judge
(Kiran)
