Partly allowed

Roshan Lal v. Sethi Ram

Himachal Pradesh HC10 Mar 2023CRMPM/141/2023

Case brief

AI extract

What is this about?

Court condoned delay in filing a petition assailing an order convicting the petitioner under Section 138 NI Act. It also granted suspension of the sentence and partial compensation during the pendency of a criminal revision, subject to conditions.

What did the court decide?

Suspended sentence of imprisonment and compensation for six months pending disposal of the revision, subject to furnishing a personal bond with a surety and depositing 30% of compensation.

Roshan Lal Vs Sethi Ram — Cheque Dishonour | Himachal Pradesh HC (2023)

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Roshan Lal v. Sethi Ram

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Cr.M.P(M) No. 141 of 2023

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10.03.2023 Present: Mr. Durga Singh Kainthla, Advocate for the petitioner.

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Mr. Vijay Arora, Advocate for the respondent.

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No reply to the application is intended to be filed. In view of no objection made by learned counsel for the respondent, the delay in the filing the main petition is ordered to be condoned.

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The application stands disposed of.

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Cr. Revision No. of 2023

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Be registered.

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By way of present criminal revision petition, the petitioner has assailed the order passed by the learned Sessions Judge, Kullu, affirming the judgment of conviction, dated 08.03.2022 passed by the learned Chief Judicial Magistrate, Lahaul & Spiti at Kullu (hereinafter referred to as the learned trial Court) and order of sentence dated 21.03.2022, by virtue of which, the petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo simple imprisonment for a period of six

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months and has also been burdened with compensation of Rs.6,00,000/-.

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Since certain arguable points are involved in the present revision petition, as such, the same is admitted .

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Let record of both the Courts below be requisitioned.

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Cr.M.P No. of 2023

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By virtue of the present application, the applicant Sh. Roshan Lal has sought the suspension of sentence, passed by the learned Chief Judicial Magistrate, Lahaul & Spiti at Kullu, District Kullu, H.P. (hereinafter referred to as the ‘trial Court’) in Complaint No. 932-I/2015 dated 21.03.2022 and affirmed by the learned Sessions Judge, Kullu, District Kullu vide order, dated 26.09.2022.

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By virtue of the said order, the learned trial Court has convicted and sentenced the applicant Sh. Roshan Lal to undergo simple imprisonment for a period of six months for the commission of offence, punishable under Section 138 of the Negotiable Instruments Act, and to pay a fine of Rs. 6,00,000/to the complainant.

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Since the revision against the said order has been admitted for hearing, which is likely to take

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some time for its disposal, as such, the application is considered and allowed. The order of sentence under challenge, in the revision is suspended during the pendency of the revision, subject to the following conditions:-

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(i) That the applicant shall furnish personal bond in the sum of Rs. 50,000/- alongwith one surety of the like amount, to the satisfaction of the learned trial Court, within a period of six weeks from today, with an undertaking that in the event of dismissal of the revision, he will surrender before the learned trial Court to serve the remainder substantive sentence;

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(ii) That the applicant shall deposit 30% out of the amount of compensation, before the learned trial Court within a period of six weeks.

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The application is, thus, disposed of.

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A copy of this order be sent to the learned

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trial Court, with the direction that the report of compliance of this order be submitted to this Court within a period of eight weeks.

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March 10, 2023 ( Virender Singh ) (naveen) Judge

Roshan Lal v. Sethi Ram

Case brief

What is this about?

What did the court decide?

Roshan Lal v. Sethi Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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