CRLR/488/2022
2023 Latest Caselaw 2145 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    08th AUGUST, 2023

            CRIMINAL REVISION NO. 488 of 2022

Between:

Lalit Singh Negi.                                   .....Revisionist

and

State of Uttarakhand and Another.                 .....Respondents

Counsel for the Revisionist       :         Mr. Lokendra Dobhal,
                                            Advocate.
Counsel for the Respondent        :     Mr. Pramod Tiwari,
                                        Brief Holder.

Hon'ble Alok Kumar Verma,J.

Proposed Revision has been filed challenging the

judgment dated 17.04.2021, passed by learned Additional

Sessions Judge, Ramnagar, District Nainital in Criminal

Appeal No.171 of 2019, by which the Appeal, filed against

the judgment dated 13.11.2019, passed by learned

Judicial Magistrate/Civil Judge (Junior Division),

Ramnagar, District Nainital in Complaint Case No.680 of

2015, by which, revisionist-accused Lalit Singh Negi was

convicted and sentenced to undergo imprisonment for a

period of six month along with a fine of Rs. 3,30,000/- for

the offence under Section 138 of the Negotiable

Instruments Act, 1881, has been dismissed.

2. Mr. Lokendra Dobhal, Advocate, contended that

the impugned cheque was not issued for any legally

enforceable debt. Therefore, there are substantial doubt

about the conviction.

3. Admit.

4. Issue notice to the respondent no.2.

5. Steps to be taken within a week.

6. List on 28.11.2023.

7. Heard on the Bail Application (IA No. 02 of

2022).

8. Mr. Lokendra Dobhal, Advocate, has submitted

that the revisionist, who is in judicial custody since

01.08.2022, was on bail during the trial and appeal, and,

the conditions of bail were never misused by him.

9. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the revisionist

Lalit Singh Negi.

10. Let the revisionist be released on bail on his

executing a personal bond and furnishing two reliable

sureties, each in the like amount, to the satisfaction of

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 08.08.2023 Neha