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2025 DIGILAW 189 (HP)

Devender Verma v. Bhim Dev

2025-02-10

RANJAN SHARMA

body2025
JUDGMENT : Ranjan Sharma, J. Heard. 2. At the very outset, Mr. Udit Shaurya Kausahik, Learned counsel, on instructions of petitioner-accused-Devender Verma, submits that the petitioner prays for one weeks’ time to comply with the orders dated 09.09.2024 [Annexure P-1] passed by Learned Additional Sessions Judge, Kinnaur at Rampur Bushahr in Cr.MP No.1109 of 2024 in Re: Devender Verma Vs. Bhim Dev.’, which could not be complied withearlier due to unforeseen circumstances.[Statement taken on record]. 3. Keeping in view the material on record and the statement made by Learned Counsel for petitioner-accused today and in view of the nature of order sought to be passed, this Court is of the considered view that no notice needs to be issued to non-applicant/respondent-Bhim Dev in the instant proceedings. 4. Material on record reveals that pursuant to proceedings under Section 138 read with Section 142 of the Negotiable Instruments Act, the petitioner was convicted by Learned Trial Court i.e. ACJM at Rampur Bushahr in Complaint Case No. 228 of 15 vide judgment dated 09.08.2024 titled as ‘Bhima Dev Vs. Devender Verma’, fastening the liability of Rs.10,14,000/- and in directing the petitioner-accused to undergo simple imprisonment for a period of one year. The judgment dated 09.08.2024 was assailed before the Appellate Court i.e. Learned Sessions Judge Kinnaur at Rampur Bushahr in Cr.MP No.1109 of 2024 when, on 09.09.2024 (Annexure P-1), the substantive sentence was suspended, subject to the petitioner depositing 20% of the compensation amount before Learned Trial Court and furnishing personal bond to the tune of Rs. 25,000/- with one surety in like amount to satisfaction of Trial Court within two months from 09.09.2024 [before 08.11.2024]. 5. Material on record reveals that the petitioner could not comply with the orders dated 09.09.2024 (Annexure P-1), suspending the substantive sentence in view of his medical exigencies which are borne out of Annexure P-2 (Colly). Faced with this situation, the petitioner-accused-Devender Verma moved an application for extension of time before Learned Appellate Court i.e. Additional Sessions Judge at Rampur Bushashr but the aforesaid application was not entertained/returned. 6. Feeling aggrieved, the petitioner filed Cr.MMO No.31 of 2025, which was decided by a Coordinate Bench of this Court on 08.01.2025 (Annexure P-4), directing the petitioner to comply with the orders within seven days. 6. Feeling aggrieved, the petitioner filed Cr.MMO No.31 of 2025, which was decided by a Coordinate Bench of this Court on 08.01.2025 (Annexure P-4), directing the petitioner to comply with the orders within seven days. Perusal of instant petition reveals that the petitioner could not comply with the directions given by Coordinate Bench on 08.01.2025 (Annexure P-4), on the ground, that the officer before whom the aforesaid amount was to be deposited, had relinquished the charge upon transfer, which is borne out from the communication dated 21.12.2024 [Annexure P-5]. 7. Taking into account the entirety of facts and circumstances and the material on record and the undertaking furnished to this Court [Para 2 supra], whereby, the petitioner through his Learned Counsel has undertaken to comply with the orders dated 09.09.2024 [Annexure P-1] passed by Appellate Court i.e. Learned Additional Sessions Judge, Kinnaur at Rampur Bushashr within one week from today coupled with the fact that non-compliance of orders dated 09.09.2024 (Annexure P-1) was due to unforeseen circumstances, including the ailment of petitioner- accused coupled with non-availability of incumbent, before whom amount was required to be deposited by petitioner herein. 8. In above backdrop and keeping in view the extenuating circumstances and the statement-undertaking as furnished to this Court [Para 2 supra] as discussed above, this Court disposes of, the instant petition, with the following directions : (i) Petitioner shall comply with the orders dated09.09.2024 (Annexure P-1) passed by Appellate Court i.e. Learned Additional Sessions Judge, Kinnaur, at Rampur Bushashr, within one week from today; (ii). Failure to deposit the amount of compensation and furnishing the personal and surety bonds in terms orders dated 09.09.2024 shall result automatic vacation of interim direction(s) being accorded, by this Court, today; (iii). Copy of this order be furnished to Learned Advocate General, for taking consequential action, in case the orders dated 09.09.2024 (Annexure P-1) are not complied with, by petitioner-accused within one week from today. In aforesaid terms, the instant petition and all pending miscellaneous application(s), if any, shall also stand disposed of.