Bharat Kumar Vs Umesh Kumar — Cheque Dishonour | Himachal Pradesh HC (2025)

Bharat Kumar Vs Umesh Kumar — Cheque Dishonour | Himachal Pradesh HC (2025)

What the court decided

AI extract

Outcome

Order of sentence dated 07.06.2024 suspended during pendency of the Criminal Revision Petition, subject to: (i) personal bond of Rs. 50,000 with one surety of the like amount within four weeks and undertaking to surrender if the revision is dismissed; (ii) deposit of 50% of the compensation amount with the trial Court within four weeks, in addition to any prior deposit; (iii) no departure from India without prior permission of the Court; compliance report directed to be filed on or before 09.01.2026.

Issue for consideration

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

Court's answer

Delay in filing the accompanying Criminal Revision is condoned in view of the no objection by learned Counsel for respondent No. 1; the Cr. MP(M) No. 2635 of 2025 application is allowed.

Ratio / Principle

Since disposal of the Criminal Revision Petition is likely to take sufficient long time, the order of sentence dated 07.06.2024 passed by the learned trial Court is ordered to be suspended during the pendency of the revision petition, subject to specified conditions.

Key takeaways

Condition of suspension: the applicant shall furnish a personal bond of Rs. 50,000 along 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¶24
Condition of suspension: the applicant shall deposit 50% of the total amount of compensation (referred to by the trial Court as fine) with the trial Court within four weeks, in addition to any amount already deposited.ratio¶25
Condition of suspension: the applicant shall not leave the territory of India without the prior permission of the Court.

Detailed headnote1 paragraphs

Criminal miscellaneous application (Cr.MPST No. 8917 of 2025, decided 05.12.2025, Virender Singh Judge) — applicant Bharat Kumar, convicted under Section 138 of the Negotiable Instruments Act, 1881 (simple imprisonment seven months and compensation Rs. 7,50,000/-, default SI 30 days) by JMFC Court No. 3, Mandi (judgment of conviction 06.06.2024, sentence 07.06.2024), whose Criminal Appeal No. 83 of 2024 was dismissed by the Sessions Judge, Mandi on 06.11.2024, sought suspension of sentence pending his Criminal Revision. Delay in filing the revision condoned on no objection by counsel for respondent No. 1. Since disposal of the revision was likely to take sufficient long time, the sentence was suspended during its pendency, subject to: personal bond of Rs. 50,000 with one like surety within four weeks with undertaking to surrender on dismissal; deposit of 50% of the compensation amount (referred to as fine) within four weeks in addition to prior deposits; and no departure from India without prior permission of the Court. Application disposed of; compliance report directed by 09.01.2026.

Bharat Kumar Vs Umesh Kumar & Anr.

Cr. MP(M) No. 2635 of 2025

05.12.2025

Present: Mr. Munish Dhatwalia, Advocate, for the applicant.

Mr. Vijay Mokta, Advocate, vice Mr. Vijay Chaudhary, Advocate, for respondent No. 1.

Mr. Tejasvi Sharma, Mr. Mohinder Zharaick, Additional A.Gs., with Mr. Rohit Sharma, Deputy A.G., for respondent No. 2State.

Memo of appearance on behalf of respondent

No. 1, filed.

In view of the no objection by learned Counsel for respondent No. 1, delay in filing the accompanying Criminal Revision is ordered to be condoned. Application is accordingly allowed.

Cr. Revision No. _____ of 2025

Vide order of the even date, passed in

Cr.MP(M) No. 2635 of 2025, the delay in filing the

Criminal Revision has been ordered to be condoned.

Be registered.

Parties are represented.

Call for the records.

Cr.MPST No. 8917 of 2025

By way of the present application, the petitioner/applicant has sought the suspension of order of sentence dated 07.06.2024, passed by the Court of

learned Judicial Magistrate First Class, Court No. 3, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’), in Criminal Case No. 1078 of 2018, titled as ‘Umesh Kumar Vs Bharat Kumar’.

Vide judgment of conviction dated 06.06.2024 and order of sentence dated 07.06.2024, the learned trial Court has convicted the 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 seven months and to pay a compensation of Rs. 7,50,000/ to the complainant. In default of payment of fine, to undergo simple imprisonment for a period of 30 days.

Aggrieved from the said judgment, petitioner had preferred Criminal Appeal No. 83 of 2024, titled as ‘Bharat Kumar Vs Umesh Kumar’, before the Court of learned Sessions Judge, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘Appellate Court’). However, the said Criminal Appeal was dismissed, vide judgment dated 06.11.2024.

Feeling dissatisfied from the said judgment, the present Criminal Revision Petition has been preferred.

Since, the present Criminal Revision Petition, is likely to take sufficient long time, for its disposal, as such, order of sentence dated 07.06.2024, passed by the learned trial Court, is ordered to be suspended, during the pendency of the present revision petition, 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 50% 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 four weeks from today, which shall be in addition to the amount, if any, already deposited by the applicant.

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

12. 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 09.01.2026.

( Virender Singh ) Judge

05^th December, 2025 (Pramod)