Himachal Pradesh High Court
Tilak Raj vs . Roshan Lal on 20 February, 2026
.
Cr.R No.107 of 2026
20.02.2026 Present: Mr. Gurdev Negi, Advocate for the petitioner.
Cr.R No.107/2026
Notice be issued to the respondent, returnable by
of
the next date of hearing, on taking steps during the course of
the day.
rt List on 24.03.2026.
Cr.MP No.568/2026
Notice in the aforesaid terms.
By way of present application, the
applicant/petitioner has prayed for suspension of substantive
sentence imposed upon him vide judgment of conviction and
order of sentence dated 04.03.2024, passed by the learned
Judicial Magistrate First Class, Karsog, District Mandi, H.P in
Criminal Complaint Registration No.6/2019, titled as “Roshan
Lal Vs. Tilak Raj”, which was affirmed by learned Additional
Sessions Judge-I, Mandi, District Mandi, H.P., in Cr. Appeal
No.227 of 2024 titled “Tilak Raj vs. Roshan Lal” on
28.11.2025, under Section 138 of the Negotiable Instruments
Act. The learned trial Court vide judgment of conviction and
order of sentence dated 04.03.2024, convicted and sentenced
him to undergo simple imprisonment for a period of three
months and to pay fine of Rs.1,60,000/- for the commission of
an offence punishable under Section 138 of the NI Act.
The respondent/non-applicant had filed a complaint
under Section 138 of NI Act, in the Court of learned Judicial
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Magistrate, First Class, Karsog, District Mandi, H.P on
.
03.01.2019. That the present petitioner was dealing in the
business of Fruit as a Commission Agent at Chattri, District
Mandi and the respondent had supplied apple boxes to the
petitioner on 22.08.2018 worth Rs.1,40,600/- vide sale voucher
of counterfoil book No.023. It was averred that in order to
of
discharge his liability, the petitioner had issued a post dated
cheque bearing No.100865 dated 29.08.2018 amounting to
rt
Rs.1,40,000/- pertaining to PNB Branch Jajehali. When the said
cheque was presented for encashment, the same was
dishonoured for “insufficiency of funds”. The complaint filed by
the respondent was allowed by the learned Judicial Magistrate,
First Class, Karsog, District Mandi, vide judgment dated
04.03.2024 and convicted the applicant and ordered that he
shall undergo simple imprisonment for a period of three months
and pay a fine of Rs.1,60,000/-. The said judgment was
affirmed by the learned Additional Sessions Judge-I, Mandi,
District Mandi, H.P., in Cr. Appeal No.227 of 2024 titled “Tilak
Raj vs. Roshan Lal” on 28.11.2025.
Perusal of the revision shows that the applicant has
raised arguable points and the disposal of the revision shall
take some time. Consequently, during the pendency of the
present petition, the judgment of conviction and order of
sentence as passed by the learned trial Court on 04.03.2024,
which was affirmed by learned Additional Sessions Judge-I,
Mandi, District Mandi, H.P. on 28.11.2025, is ordered to be
suspended, during the pendency of the revision, subject to the
following conditions:
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(i) That the applicant/petitioner 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, by this Court;
(ii) That the applicant/petitioner shall deposit 30% of
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 eight weeks from
today, which shall be in addition to the amount, if not,
rt
already deposited by the applicant.
(iii) The applicant/petitioner shall not leave the territory
of India without the prior permission of the Court.
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.
List the matter on 24.03.2026.
( Romesh Verma )
Vacation Judge
February 20, 2026
(Ritu)
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