Nitin Chauhan Vs Narain Singh

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Nitin Chauhan vs. Narain Singh (deceased) through LRs

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Cr.MP(M) No.1630 of 2025

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13.10.2025 Present: Mr. Rajat Kumar, Advocate, for the applicant.

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Cr.MP(M) No.1630 of 2025

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Notices issued against respondents No.1(a) to

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1(d) have been received back after due service. Despite service, no one has put appearance.

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By way of the present application, indulgence of this Court has been sought to condone the delay of 133 days in filing the accompanying revision. The factual position, which has been mentioned in the application is duly supported by the affidavit.

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When put to notice, respondents No.1(a) to 1(d) have not bothered to put appearance and to contest the factual position, as asserted in the application.

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When the factual position, which is duly supported by the affidavit of the applicant, remains uncontroverted, in such situation, this Court is of the view that the applicant is able to make out case for condonation of delay.

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Consequently, the application under

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consideration is allowed and the delay in filing the criminal revision is ordered to be condoned.

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The application stands disposed of.

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Cr. Revision No. ____2025

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Be registered.

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Admit.

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Call for the records.

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Notices be issued to respondents No.1(a) to 1(d), returnable for 01.12.2025, on taking steps within seven days.

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Cr.MPST No.4980 of 2025

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By way of the present application, which has been filed, under Section 438(1) read with Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner/applicant has sought the suspension of sentence imposed upon him, vide judgment of conviction dated 01.10.2022 and order of sentence dated 19.10.2022, passed by the learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., (hereinafter referred to as the trial Court), in Criminal Case No.154/3 of 2016, titled as ‘Narain Singh vs. Nitin Chauhan’.

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Vide judgment of conviction dated 01.10.2022 and order of sentence dated 19.10.2022, the learned trial Court has convicted the petitioner/applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment for a period of one year and to pay compensation of Rs.2,00,000/-.

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The judgment of conviction and order of sentence passed by the learned trial Court have been affirmed by the learned Additional Sessions Judge, Rohru, Camp at Theog, District Shimla, H.P., (hereinafter referred to as the Appellate Court), vide judgment dated 22.01.2025, passed in Criminal Appeal CIS Regd. No.9 of 2024, titled as ‘Nitin Chauhan versus Narain Singh’.

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Since, the present Criminal Revision Petition, preferred against the judgment of conviction and order of sentence, as referred to hereinabove, is likely to take sufficient long time, for its disposal, as such, during the pendency of the present revision petition, the order of sentence dated 19.10.2022, is ordered to be suspended, subject to the following conditions:-

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(i) That the applicant shall furnish personal bond in the sum of Rs.50,000/-, along with one surety of the like amount,

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to the satisfaction of the learned trial Court, within a period of four weeks from today, with an undertaking that he will surrender before the learned trial Court to serve the remainder substantive sentence, in case of ultimate dismissal of the present revision petition, by this Court;

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(ii) That the applicant shall deposit 30% of the total amount of compensation, with the learned trial Court, which shall be in addition to the amount, if any, already deposited by the applicant;

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(iii) The applicant shall not leave the territory of India without the prior permission of the Court

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Application is, thus, disposed of.

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A copy of this order be sent to the learned trial

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Court, with a direction that the report of compliance of this order be submitted to this Court.

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(Virender Singh) Judge

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October 13, 2025