Unknown vs State Of Uttarakhand And Another"
2021 Latest Caselaw 331 UK

CRLR No. 13 of 2021
Hon'ble Alok Kumar Verma, J.

Mr. Mohd. Alauddin, learned counsel for the revisionist.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

This Criminal Revision has been filed against the judgment and order dated 09.12.2020, passed by learned 3rd Additional Sessions Judge, Haridwar in Criminal Appeal No. 74 of 2019, "Salmudin Vs. State of Uttarakhand and another", by which the appeal filed by the revisionist- accused against the judgment and order dated 18.06.2018, passed by learned 3rd Judicial Magistrate, Haridwar in Complaint Case No. 94 of 2017, "Kamil Hasan Vs. Salmuddin", by which the revisionist- accused has been convicted under Section 138 of Negotiable Instruments Act, 1881 and has been sentenced to undergo one year imprisonment along with a compensation of Rs. 2,20,000/-, is dismissed.

Learned counsel appearing for the revisionist submitted that the revisionist- accused did not deposit any amount in the appeal under Section 148 of the Negotiable Instruments Act, 1881, and the revisionist is ready to deposit the amount in the light of the said provision. He further submitted that the revisionist is a very poor person.

There is no objection on behalf of the State.

In the facts and circumstances of the case, the revisionist is directed to deposit 20 percent of the awarded compensation in the light of Section 148 of the Negotiable Instruments Act, 1881.

Admit.

Issue notice to respondent No. 2. Steps to be taken within a week. Heard on Bail Application No. 1 of 2021.

Learned counsel appearing for the revisionist submitted that there are strong prima facie grounds for substantial doubt about the conviction; the revisionist was on bail during the appeal; the conditions of the bail were not misused or violated by the revisionist-accused.

Having heard both the counsel for the parties, without commenting on the merits of the case, this Court is of the view that the revisionist deserves bail at this stage.

The Bail Application No. 1 of 2021 is allowed.

Let the revisionist be released on bail on his executing a personal bond and furnishing one reliable surety, to the satisfaction of the court concerned.

List this matter on 22.03.2021.

(Alok Kumar Verma, J.) (Vacation Judge) 10.02.2021 Mahinder