Avtar Singh Vs M/ Shri Radhe Krishana Hardware… — Cheque Dishonour | Himachal Pradesh HC (2025)

Avtar Singh Vs M/ Shri Radhe Krishana Hardware… — Cheque Dishonour | Himachal Pradesh HC (2025)

What the court decided

AI extract

Outcome

Delay in filing the Criminal Revision condoned; order of sentence dated 30.08.2024 suspended during the pendency of the revision, subject to: (i) personal bond of Rs. 50,000/- with one surety of the like amount within four weeks, with undertaking to surrender if the revision is ultimately dismissed; (ii) deposit of 30% of the compensation with the trial Court within six weeks; (iii) no departure from India without prior permission of the Court; compliance report directed to be submitted on or before the next date (29.10.2025).

Issue for consideration

Whether the delay in filing the accompanying Criminal Revision should be condoned. +1 more

Court's answer

The delay-condonation application (Cr.MP(M) No. 1961 of 2025) was allowed and the delay in filing the accompanying Criminal Revision was condoned, in view of the no objection made by learned counsel for respondent No. 1.

Ratio / Principle

As the Criminal Revision is likely to take sufficient long time for its disposal, the order of sentence dated 30.08.2024 passed by the learned trial Court is suspended during the pendency of the revision petition, subject to conditions.

Key takeaways

Condition (i): the applicant shall furnish a personal bond of Rs. 50,000/- with one surety of the like amount, to the satisfaction of the trial Court within four weeks, with an undertaking to surrender before the trial Court to serve the remainder substantive sentence in case of ultimate dismissal of the revision petition.ratio¶22
Condition (ii): the applicant shall deposit 30% of the total amount of compensation (referred to by the trial Court as fine) with the trial Court within six weeks, in addition to any amount not already deposited.ratio¶23

Detailed headnote1 paragraphs

Single-Judge order of the High Court of Himachal Pradesh (Virender Singh, Judge) dated 03.09.2025 in matters arising from a Section 138 NI Act conviction. Vide even-date order in Cr.MP(M) No. 1961 of 2025, the delay in filing Avtar Singh's Criminal Revision against his conviction (judgment dated 29.08.2024) and sentence (order dated 30.08.2024) by the Judicial Magistrate First Class, Court No.III, Una, H.P. (simple imprisonment three months, compensation Rs. 3,00,000/-, default simple imprisonment 15 days) — the appeal against which (Criminal Appeal No.159/2024, Additional Sessions Judge-II, Una) had already been dismissed on 29.03.2025 — was condoned on the no objection of counsel for respondent No. 1; the Revision was registered and listed for 29.10.2025. In CrMPST No. 7408 of 2025, considering that the Revision was likely to take sufficient long time for disposal, the Court suspended the order of sentence dated 30.08.2024 during its pendency, subject to: (i) personal bond of Rs. 50,000/- with one like surety within four weeks, with undertaking to surrender to serve the remainder sentence upon ultimate dismissal of the Revision; (ii) deposit of 30% of the total compensation (referred to by the trial Court as fine) within six weeks, over and above any amount not already deposited; and (iii) no departure from India without prior permission of the Court. Compliance report directed before the next date.

Avtar Singh Vs M/s Shri Radhe Krishana Hardware

Store & Anr. Cr.MP(M) No. 1961 of 2025

03.09.2025

Present: Mr. Vikas Rathore, Advocate, for the applicant. Mr. Arun Kumar, Advocate, for respondent No. 1.

Mr. H.S. Rawat, Additional A.G., with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy A.G., for respondent No. 2/State.

Power of Attorney, on behalf of respondent No. 1, filed. Service is complete.

In view of the no objection, made by learned counsel, appearing for the nonapplicant/respondent No. 1, the application, under consideration, is allowed and the delay in filing the accompanying Criminal Revision is ordered to be condoned.

Application is, thus, disposed of.

Cr. Revision No._______ of 2025

Vide order of the even date, passed in Cr. MP(M) No.1961 of 2025, the delay in filing the Criminal

Revision has been ordered to be condoned.

Be registered.

Call for the record.

List on 29.10.2025.

CrMPST No. 7408 of 2025

By way of the present application, the petitioner/applicant has sought the suspension of order

of sentence dated 30.08.2024, passed by the Court of learned Judicial Magistrate First Class, Court No.III, Una, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint No. 344/2020, titled as, ‘M/s Shri Radhe Krishana Hardware Store Vs Avtar Singh’.

Vide judgment of conviction dated 29.08.2024 and order of sentence dated 30.08.2024, the learned trial Court has convicted the petitioner 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 three months and to pay a compensation of Rs. 3,00,000/. In default of payment of fine, he has further been sentenced to undergo simple imprisonment for a period of 15 days.

Aggrieved from the said judgment, petitioner has preferred Criminal Appeal No.159/2024, titled as ‘Avtar Singh Vs M/s Shri Radhe Krishana Hardware Store’, before the Court of learned Additional Sessions JudgeII, Una, H.P., (hereinafter referred to as the ‘Appellate Court’), which has been dismissed, vide judgment dated 29.03.2025.

Now, the petitioner is before this Court by way of the present Criminal Revision, which 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 30.08.2024, passed by the learned trial Court, is ordered to be suspended, subject to the following conditions:

(i) That the applicant shall furnish personal bond in the sum of Rs.50,000/, along with 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 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;

(ii) That the applicant shall deposit 30% of the total amount of compensation, which has been referred to by the learned trial Court as fine, with the learned trial Court, within a period of six weeks from today, which shall be in addition to the amount, if not, already deposited by the applicant.

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

Application is, thus, disposed of.

A copy of this order be sent to the learned trial

Court, with a direction that the report of compliance of

this order be submitted to this Court on or before the next date of hearing.

( Pramod )

03^rd September, 2025

( Virender Singh ) Judge