CRLR/549/2023
2023 Latest Caselaw 2209 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     11th AUGUST, 2023

            CRIMINAL REVISION NO. 549 of 2023


Between:

Kadeer Ahmad                                          .....Revisionist

and

State of Uttarakhand and Another                   .....Respondents

Counsel for the Revisionist         :      Mr. Ganesh        Kandpal,
                                           Advocate.
Counsel for the Respondent          :     Mr. S.T. Bhardwaj,
                                          Deputy Advocate
                                          General.

Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed

against the judgment dated 17.07.2023, passed by

learned IInd Additional Sessions Judge, Haldwani District

Nainital in Criminal Appeal No.100 of 2022, by which, the

Appeal, filed against the judgment dated 22.07.2022,

passed by learned Additional Chief Judicial Magistrate

(Railway), Haldwani District Nainital in Complaint Case

No.5037 of 2016, by which, the revisionist was convicted

and sentenced to undergo simple imprisonment for a

period of one year along with a fine of Rs. 10,00,000/- for

the offence under Section 138 of the Negotiable

Instruments Act, 1881, has been dismissed.

2. Mr. Ganesh Kandpal, Advocate, contended that

the impugned cheque was not issued for any legally

enforceable debt. However, revisionists is willing to

deposit Rs.3,00,000/- before the Trial Court within twenty

days' from today.

3. Admit.

4. Issue notice to respondent no.2.

5. Steps to be taken within a week.

6. List on 11.09.2023 after fresh cases.

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

2023).

8. Mr. Ganesh Kandpal, Advocate, has submitted

that the revisionist was on bail during the trial and appeal,

and, the conditions of bail were neither misused nor

violated by him.

9. In the facts and circumstances of the case, this

Court is inclined to grant bail to the revisionist Kadeer

Ahmad.

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 the

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 11.08.2023 Neha