Raj Kumar Vs Anoop Thakur — Cheque Dishonour | Himachal Pradesh HC (2025)

Raj Kumar Vs Anoop Thakur — Cheque Dishonour | Himachal Pradesh HC (2025)

What the court decided

AI extract

Outcome

Suspension of the order of sentence dated 10.5.2024 during the pendency of the revision and release of the applicant on bail, subject to furnishing a personal bond of Rs. 50,000/- with one surety of the like amount within four weeks, depositing 30% of the compensation within four weeks, and not leaving the country without prior permission of the Court.

Issue for consideration

Whether the order of sentence dated 10.5.2024 should be suspended and the applicant released on bail during the pendency of the revision against his conviction and sentence.

Court's answer

The order of sentence dated 10.5.2024 is suspended during the pendency of the revision, and the applicant, presently lodged in Model Central Jail, Kanda, District Solan, is ordered to be released on bail.

Ratio / Principle

Delay in filing the petition is condoned in view of no objection by learned counsel for the non-applicant, and the delay-condonation application is disposed of.

Key takeaways

Bail condition: the applicant shall furnish a personal bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned trial Court within four weeks, with an undertaking to surrender before the trial Court to serve the remainder substantive sentence in the event of final dismissal of the revision petition.ratio¶16
Bail condition: the applicant shall deposit 30% of the total amount of compensation with the learned trial Court within four weeks, in addition to any amount already deposited.ratio¶17

Detailed headnote1 paragraphs

Bail/suspension order in a pending revision — Delay in filing condoned on no objection of the non-applicant's counsel. Applicant convicted under Section 138 of N.I. Act (simple imprisonment for one year and compensation of Rs. 3,54,000/-) by the Addl. Chief Judicial Magistrate, Rampur Bushehar, affirmed by the Additional Sessions Judge, Kinnaur at Rampur Bushehr on 8.1.2025 in Criminal Appeal No. 57/2024. Under Section 438(1) read with Section 528 BNSS, the order of sentence dated 10.5.2024 is suspended during the pendency of the revision; the applicant, in custody at Model Central Jail, Kanda, District Solan, is released on bail on furnishing a personal bond of Rs. 50,000/- with one surety of the like amount within four weeks, depositing 30% of the compensation within four weeks, not leaving the country without prior permission of the Court, and undertaking to surrender to serve the remainder sentence if the revision is finally dismissed.

Raj Kumar Vs. Anoop Thakur

Cr. MP(M) No. 1549 of 2025

21.7.2025 Present:

Mr. Rajeev Sharma, Advocate, for the petitioner/applicant.

Mr. Deepak Sharma, Advocate, for the respondent/non-applicant.

In view of no objection made by learned counsel for the non-applicant, delay in filing the present petition is ordered to be condoned. The application is, thus, disposed of.

Cr. Revision No. ________

Vide order of even date, passed in Cr. M.P.(M) No. 1549 of 2025, delay in filing the present petition has been ordered to be condoned.

Be registered.

Record be called for, for the next date of hearing. List on 25.8.2025. Power of attorney, on behalf of respondent, be filed in the meanwhile.

Cr. M.P.ST No. 5556 of 2025

By way of the present application, under Section 438 (1) read with Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 10.5.2024, passed by the learned Addl. Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P. (hereinafter referred to as ‘the trial

Court’), in case No. 119 of 2019, titled as, ‘Anup Thakur versus Raj Kumar’, whereby the learned trial Court, vide judgment of conviction, and order of sentence dated 10.5.2024, has convicted the applicant, for the commission of offence, under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for one year and to pay compensation of Rs. 3,54,000/-.

The said judgment of conviction and order of sentence have been affirmed by the learned Additional Sessions Judge, Kinnaur at Rampur Bushehr (hereinafter referred to as ‘the Appellate Court’), vide judgment dated 8.1.2025 in Criminal Appeal No. 57/2024, titled as, ‘Raj Kumar versus Anoop Thakur’.

Since the revision against the judgment of conviction and order of sentence, as referred to above, will take sufficient long time, for its disposal, as such, the order of sentence dated 10.5.2024, is suspended during the pendency of the revision, and the applicant, who is presently lodged in Model Central Jail, Kanda, District Solan, is ordered to be released on bail, subject to the following conditions:

(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 four weeks from today, with an undertaking that in the event of final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence;

(ii) That the applicant shall deposit 30% of the total amount of compensation, with the learned trial Court, within a period of four weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant; (iii) That the applicant shall not leave the country without the prior permission of the Court.

The application is, thus, disposed of.

A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court, on or before the next date of hearing.

(Virender Singh) Judge

July 21, 2025

(kalpana)