LAWS(HPH)-2024-4-20

YASH PAL VERMA Vs. ROTAM LAL

Decided On April 08, 2024
Yash Pal Verma Appellant
V/S
Rotam Lal Respondents

JUDGEMENT

(1.) In the peculiar facts of the case, no notice is required to be issued to the respondent-complainant in these proceedings.

(2.) The respondent-complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act, against the petitioner-accused [Yash Pal Verma] in Criminal Case No.316-3 of 2024/2020, decided on 18/1/2024 [Annexure P-1], whereby, the complaint was allowed and the petitioner-accused was convicted and was fastened with the liability of Rs.3,20,000.00 [Rupees Three Lakh Twenty Thousand], with default clause also.

(3.) Feeling aggrieved against the judgment of conviction and sentence dtd. 18/1/2024, the petitioner-accused filed a Criminal Appeal before the Learned Additional Sessions Judge, Rohru, District Shimla [H.P.] [Annexure P-2]. Alongwith the Criminal Appeal, an application under Sec. 389 of the Code of Criminal Procedure was filed, praying for suspension of sentence. In the aforesaid application for suspension of sentence, the Learned Appellate Court i.e. the Learned Additional Sessions Judge, Rohru, District Shimla [H.P.], on 28/2/2024, ordered the suspension of sentence, subject to depositing Rs.75,000.00 [Rupees Seventy Five Thousand] and furnishing a personal and surety bond in the sum of Rs.50,000.00 [Rupees Fifty Thousand] to the satisfaction of Learned Trial Court, within one month from the date of passing of the aforesaid orders.