Onkar Vs State of Hp and Another — Cheque Dishonour | Himachal Pradesh HC (2025)

Onkar Vs State of Hp and Another — Cheque Dishonour | Himachal Pradesh HC (2025)

What the court decided

AI extract

Outcome

Condonation of 97 days' delay in filing the criminal revision petition, with the condonation application disposed of and the revision petition directed to be registered; execution and operation of the substantive sentence suspended subject to furnishing personal and surety bonds of ₹25,000/- each to the satisfaction of the learned Trial Court; matter listed before the Bench of the ensuing National Lok Adalat in view of reconciliation between the parties.

Issue for consideration

Whether the application for condonation of 97 days' delay in filing the revision petition should be allowed. +1 more

Court's answer

The application for condonation of delay is allowed: keeping in view the averments made in the application, duly supported with an affidavit, and the fact that the party cannot be penalized due to the fault of the counsel, the 97 days' delay in filing the criminal revision petition is condoned; the application stands disposed of.

Ratio / Principle

In the meantime, keeping in view the nature of the offence punishable under Section 138 of the Negotiable Instruments Act, execution and operation of the substantive sentence of imprisonment awarded by the learned Trial Court on 4.1.2024, as affirmed by the learned Appellate Court on 13.12.2024 in Criminal Appeal No. 187 of 2024, is ordered to be suspended pending the criminal revision petition.

Key takeaways

The suspension is conditional on the applicant/petitioner furnishing personal and surety bonds in the sum of ₹25,000/- each to the satisfaction of the learned Trial Court; the bail bonds so furnished are to be transmitted to this Court for placing on record, and a copy of the order is to be sent to the learned Trial Court.ratio¶21

Detailed headnote1 paragraphs

Onkar v. State of H.P. and another — Condonation of 97 days' delay in filing a criminal revision petition allowed: the petitioner, as advised by his counsel, had not appeared before the learned Appellate Court, whereupon his appeal was dismissed, and he learnt of it on receiving notice from the learned Trial Court; since the averments were supported by affidavit and a party cannot be penalized due to the fault of the counsel, the delay was condoned and the application disposed of. Separately, in a matter concerning an offence punishable under Section 138 of the Negotiable Instruments Act, execution and operation of the substantive sentence of imprisonment awarded by the learned Trial Court on 4.1.2024, as affirmed by the learned Appellate Court on 13.12.2024 in Criminal Appeal No. 187 of 2024, was suspended during pendency of the revision, subject to the petitioner furnishing personal and surety bonds of ₹25,000/- each to the satisfaction of the learned Trial Court; the matter was listed before the Bench of the ensuing National Lok Adalat, learned counsel stating that the matter was being reconciled between the parties.

Onkar Vs. State of H.P. and another

Cr. MP(M) No. 1469 of 2025

3.7.2025 Present :

Mr. H.S. Rangra, Advocate, for the petitioner.

Mr. Tarun Pathak, Deputy Advocate General, for respondent No.1-State.

Cr.MP No. 1469 of 2025

Reply not filed.

Heard.

The present application has been filed for condonation of 97 days’ delay in filing the revision petition. It has been asserted that as advised by his learned counsel, he could not appear before the learned Appellate Court and consequent thereto his appeal was dismissed and he came to know about this fact upon receipt of the notice from the learned Trial Court and thereafter approached this Court and this process took considerable time to file the present revision. Hence the application.

Keeping in view the averments made in the application which are duly supported with an affidavit and the fact that the party cannot be penalized due to the fault of the counsel, the present application is allowed and the delay in filing the criminal revision petition is ordered to be condoned.

The present application stands disposed of.

Cr. Revision No. _____ of 2025 (Cr. Revision-ST No. 5383 of 2025).

Notice. Mr. Tarun Pathak, learned Deputy Advocate General appears and waives service of notice on behalf of the respondent No.1.

The delay in filing the revision petition has been condoned vide separate order passed in Cr.MP(M) No. 1469 of 2025. Petition be registered.

Copy of the petition be supplied to learned Deputy Advocate General for respondent No.1-State.

Learned counsel for the petitioner submits that the matter is being reconciled between the parties. In view of the above, list the matter before the Bench of ensuing National Lok Adalat.

Cr.MP No. ____ of 2025 Cr.MP-ST No. 5384 of 2025

Application be registered.

Notice in the aforesaid terms.

In the meantime, keeping in view the nature of the offence punishable under Section 138 of the Negotiable Instruments Act, execution and operation of the substantive sentence of imprisonment awarded by the learned Trial Court on 4.1.2024, as affirmed by the learned Appellate Court on 13.12.2024, in Criminal Appeal No. 187 of 2024 is ordered to be suspended, subject to furnishing of personal

and surety bonds in the sum of ₹25,000/- each to the satisfaction of the learned Trial Court.

The bail bonds, so furnished by the applicant/petitioner be transmitted to this Court for placing the same on record.

A copy of this order be sent to the learned Trial Court for information.

(Rakesh Kainthla) Judge

3^rd July, 2025 (Chander)