Citation : 2026 Latest Caselaw 706 HP
Judgement Date : 6 February, 2026
Kishori Lal vs. Harish Chand Bhardwaj
.
Cr. Revision No.94 of 2026
06.02.2026 Present: Mr.Aditya Chouhan, Advocate vice Mr.Anil Chauhan, Advocate for the petitioner.
Cr. Revision No.94 of 2026
Notice to the respondent, returnable for 16th
of April, 2026. Steps be taken within a week.
rt Cr.MP No.476 of 2026
By way of present application, the
applicant/petitioner has prayed for suspension of
substantive sentence imposed upon him by the learned
trial Court on 10.10.2022.
The applicant/petitioner was convicted by the
learned Judicial Magistrate First Class, Jhandutta, District
Bilaspur, H.P. for the commission of offence punishable
under Section 138 of the Negotiable Instruments Act in
Case No.350/3 of 2021/20, titled, Harish Chand Bhardwaj
vs. Kishori Lal vide judgment dated 26.09.2022 and
thereafter vide order dated 10.10.2022, sentenced him to
undergo simple imprisonment for a period of one year and
to pay compensation of Rs.4,00,000/- to the respondent/
complainant.
The appeal preferred by the applicant/petitioner
has been dismissed vide judgment dated 03.01.2026, by
the learned Additional Sessions Judge, Ghumarwin, District
Bilaspur, H.P. in Criminal Appeal No.81 of 2022, titled,
.
Kishori Lal vs. Harish Chand Bhardwaj.
A perusal of the grounds of revision petition
reveals that there are arguable points involved in the
revision petition and in case the substantive sentence
of imposed upon the petitioner is not suspended during the
pendency of the revision petition, the very purpose of filing rt revision petition will be frustrated.
Keeping in view the above, the substantive
sentence imposed upon the petitioner vide order dated
10.10.2022 passed the learned Judicial Magistrate First
Class, Jhandutta, District Bilaspur, H.P. in Case No.350/3
of 2021/20, titled, Harish Chand Bhardwaj vs. Kishori
Lal shall remain suspended till the next date of hearing, on
the following terms :-
The applicant/petitioner shall deposit 30% of the compensation amount in addition to the amount already deposited with the trial Court within a period of eight weeks from today and in case the compensation amount is not deposited as ordered, the interim order shall stand vacated. The applicant/petitioner shall furnish personal bond in the sum of ₹50,000/-, along with one surety of the like amount, to the satisfaction of the learned trial Court, within a period of eight weeks from today, with an undertaking that he will surrender before the learned trial Court to serve the sentence, in case of ultimate dismissal of his Revision Petition by this Court.
The applicant/petitioner shall not leave the territory
.
of India without the prior permission of this Court.
Reply to the application be filed within eight
weeks.
List on 16.04.2026.
of
February 06, 2026 ( Jiya Lal Bhardwaj )
(naveen) Vacation Judge
rt
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