Kamal Singh Rana vs State Of Uttarakhand And Another
2022 Latest Caselaw 3702 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL
             Bail Application (IA) No.1 of 2021
                             In
             Criminal Revision No. 429 of 2021

Kamal Singh Rana                              ........Revisionist

                             Versus

State of Uttarakhand and another             ........Respondents


Present:-
             Mr. B.M. Pingal, Advocate for the revisionist.
             Mr. T.C. Agarwal, Deputy Advocate General with Mr.
             Tumul K. Nainwal, Brief Holder for the State.



Hon'ble Ravindra Maithani, J. (Oral)

Heard on Bail Application Bail Application (IA) No.

1 of 2022.

2. The impugned in this revision is the judgment and

order dated 15.10.2019, passed in Complaint Case No.169 of

2015, Anil Chauhan vs. Kamal Rana, by the court of Judicial

Magistrate, Rishikesh, District Dehradun, by which, the

revisionist has been convicted and sentenced under Section

138 of the Negotiable Instruments Act, 1881 (for short, "the

Act"). Challenge is also made to the judgment and order

dated 09.12.2021, passed in Criminal Appeal No.259 of 2019,

Kamal Singh Rana vs. State of Uttarakhand, by the court of

Additional District and Sessions Judge, Rishikesh, District

Dehradun, by which, the conviction and sentence has been

upheld.

3. The revision has already been admitted on

27.09.2022.

4. Learned counsel for the revisionist would submit

that in the instant case, it has not been established that the

alleged cheque was given in discharge of legal enforcement of

debt and liability; the presumption under Section 139 of the

Act has already been rebutted; there has been no agreement

between the parties; there is no reason for the complainant to

pay such a huge amount of `15 Lacs to the revisionist.

5. Having considered, this Court is of the view that

the revisionist is entitled to bail. Accordingly, the bail

application deserves to be allowed.

6. The bail application is allowed.

7. The execution of sentence challenged in the

revision shall remain suspended during the pendency of this

revision. Let the revisionist be released on bail, during the

pendency of this revision, on his executing a personal bond

and furnishing two reliable sureties, each of the like amount,

to the satisfaction of the Court concerned.

8. List this case on 16.03.2023.

(Ravindra Maithani, J.) 21.11.2022 Sanjay