Lobhu Ram Vs Bhagat Ram — Cheque Dishonour | Himachal Pradesh HC (2025)

Lobhu Ram Vs Bhagat Ram — Cheque Dishonour | Himachal Pradesh HC (2025)

What the court decided

AI extract

Outcome

Delay of 299 days in filing the Criminal Revision condoned; order of sentence dated 08.08.2024 suspended during the pendency of the criminal revision; applicant Lobhu Ram released on bail subject to furnishing a personal bond of Rs. 50,000/- with one surety of the like amount, depositing 30% of the total compensation with the trial Court, and not leaving the country without prior permission; revision admitted and trial Court record called for; copy of the order sent to the trial Court with a compliance report directed on or before the next date of hearing.

Issue for consideration

Whether the delay of 299 days in filing the Criminal Revision should be condoned. +1 more

Court's answer

In view of the averments in the application and the no objection by the non-applicant/respondent, the application is allowed and the delay of 299 days in filing the Criminal Revision is condoned.

Ratio / Principle

Since the revision against the judgment of conviction and order of sentence will take sufficient long time for its disposal, the order of sentence is suspended during the pendency of the present criminal revision (this passage prints the sentence date as '08.08.2025', though it is described elsewhere in the order as dated 08.08.2024).

Key takeaways

The applicant, Lobhu Ram, who is undergoing sentence in Model Central Jail Kanda in Cr. Case No. 685-3 of 2021, is released on bail, subject to specified conditions.ratio¶22
Bail condition: the applicant shall furnish a personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned trial Court, 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¶23

Detailed headnote1 paragraphs

Criminal revision against conviction under Section 138 of N.I. Act — application under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence — delay of 299 days in filing the revision condoned, with no objection from the respondent — sentence of simple imprisonment for four months and compensation of Rs.80,000/- (default: simple imprisonment for one month), imposed by the Additional Chief Judicial Magistrate, Court No.1, Rohru, and affirmed by the Additional Sessions Judge, Rohru, in Cr. Appeal No. 70/2024, suspended during the pendency of the revision — applicant, in custody in Model Central Jail Kanda, released on bail subject to furnishing a personal bond of Rs. 50,000/- with one surety of the like amount, depositing 30% of the total compensation with the trial Court, and not leaving the country without prior permission — revision admitted and trial Court record called for; compliance report directed before the next date of hearing.

Labhu Ram Vs. Bhagat Ram

Cr. MP(M) No. 2749 of 2025

01.12.2025

Present: Mr. I.S. Chandel, Advocate, for the applicant.

Mr. Sanjay Ranta, Advocate, for the respondent.

Cr. MP(M) No. 2749 of 2025

Mr. Sanjay Ranta, Advocate, has put in

appearance on behalf of the respondent.

Memo of appearance filed. Power of Attorney be filed within a period of three weeks.

Service complete. In view of the averments, as made, in the application and the no objection made by the non-applicant/respondent, application is allowed. The delay of 299 days in filing the Criminal Revision is condoned.

Application is disposed of

Cr. Revision No._____ of 2025 (Cr. Rev.ST No.10819 of 2025.

Be registered.

Admit.

Call for the record.

Cr. Revision No._____2025 (Cr.MPST 10820 of 2025)

By way of present application, under Section

438/442 of Bharatiya Nagarik Suraksha Sanhita, 2023,

petitioner/applicant has sought the suspension of order of sentence, dated 08.08.2024, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., (hereinafter referred to as ‘the trial Court’), in Cr. Case No. 685-3 of 2021, titled as, ‘Bhagat Ram Vs. Lobhu Ram’, whereby the learned trial Court, vide judgment of conviction dated 01.08.2024 and order of sentence dated 08.08.2024, has convicted the applicant, for the commission of offence, under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for a period of four months and to pay compensation of Rs.80,000/-. In default of payment of fine, he has been further directed to undergo simple imprisonment for a period of one month.

The said judgment of conviction and order of sentence have been affirmed by the learned Additional Sessions Judge, Rohru, District Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’), vide judgment dated 20.01.2025, in Cr. Appeal No. 70/2024, titled as, ‘Lobhu Ram Vs. Bhagat Ram’.

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 08.08.2025, is suspended during the

pendency of the present criminal revision and the applicant, Lobhu Ram, who is undergoing sentence in Model Central Jail Kanda, in Cr. Case No. 685-3 of 2021, be released on bail, subject to the following conditions:-

(i) That 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, 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, 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

December 01, 2025 ( Shamsh Tabrez )

Digitally signed SHAMSH by SHAMSH TABREZ TABREZ Date: 2025.12.01 16:37:31 +0545