Allowed

M/S Karam Chand Sharma and Another v. M/S Om Hardware

Himachal Pradesh HC3 Mar 2023CRMPM/2517/2022

Case brief

AI extract

What is this about?

The Court condoned a 19-day delay in filing a revision petition against a sentence under Section 138 of the Negotiable Instruments Act. Concurrently, it granted a suspension of the six-month imprisonment, conditional on a personal bond and deposit of remaining compensation, pending the hearing of the revision.

What did the court decide?

Delay of 19 days condoned; revision admitted for hearing; sentence of six months suspended subject to personal bond and deposit of compensation.

M/S Karam Chand Sharma and Another Vs M/S Om… — Cheque Dishonour | Himachal Pradesh HC (2023)

¶1

M/s Karam Chand Sharma & Anr. vs. M/s Om Hardware Cr.MP(M) No. 2517 of 2022

¶2

03.03.2023 Present: Mr. Sanjeev K. Thakur, Advocate, for the petitioners/applicants.

¶3

Mr. Ashwani Kaundal, Advocate, for the respondent. Reply to the application under Section 5 of the Limitation Act is not intended to be filed.

¶4

In view of the no objection made by learned counsel appearing for the respondent, the delay of 19 days in filing the revision petition is ordered to be condoned.

¶5

Application is, thus, disposed of.

¶6

Cr. Revision No. _________ of 2022

¶7

Be registered.

¶8

There are certain arguable points involved in the

¶9

present revision, as such, the revision is admitted for hearing.

¶10

CRMPST No. 8508 of 2022

¶11

By virtue of the present application, the applicant has sought the suspension of sentence, passed by the learned Judicial Magistrate, First Class, Court No.2, Nalagarh, District Solan, H.P., in Criminal Case No. 109/3 of 2016, dated 10.05.2019 and affirmed by the learned Additional Sessions Judge, Nalagarh, District Solan, H.P., vide order dated 30.07.2022.

¶12

By virtue of the said order, the learned trial Court has convicted and sentenced the applicant to undergo simple imprisonment for a period of six months for the commission of

¶13

offence, punishable under Section 138 of the Negotiable Instruments Act and to pay compensation of Rs.3,25,000/-.

¶14

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

¶15

(i) That the applicant shall furnish personal bond in the sum of Rs. 30,000/- along with one surety of the like amount, to the satisfaction of the learned trial Court within a period of three 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.

¶16

(ii) That the applicant shall deposit the remaining amount of compensation within a period one month from today.

¶17

The application is, thus, disposed of.

¶18

A copy of this order be sent to the learned trial Court,

¶19

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

¶20

For awaiting the compliance report, list on 21.04.2023 .

¶21

(Virender Singh) Judge

¶22

March 03, 2023 (Vinod)

M/S Karam Chand Sharma and Another v. M/S Om Hardware

Case brief

What is this about?

What did the court decide?

M/S Karam Chand Sharma and Another v. M/S Om Hardware

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hardeep Thakur Vs State of Hp

Jagdish Kumar Mittal Vs CBI

Vijay Kumar Vs State of Hp

Girish Sharma Vs State of Hp and Anr.

Rajinder Singh Vs State of Hp

Anup Chand Vs State of Hp