CRLR/494/2023
2023 Latest Caselaw 2375 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    21st AUGUST, 2023
           DELAY CONDONATION APPLICATION No.01 of 2023
                            with
            CRIMINAL REVISION NO. 494 of 2023


Between:

Sanjay Malik                                     .....Revisionist

and

State of Uttarakhand and Another              .....Respondents


Counsel for the Revisionist        :   Mr. Vinay Singh
                                       Chauhan, Advocate.
Counsel for the Respondent         :   Mrs. Manisha Rana
No.1                                   Singh, A.G.A.

Counsel for the Respondent         :   Mr. Mani Kumar,
No.2                                   Advocate.

Hon'ble Alok Kumar Verma,J.

Revisionist-accused Sanjay Malik was convicted

and sentenced to undergo imprisonment for a period of

one year along with a fine of Rs. 1,75,000/- under Section

138 of the Negotiable Instruments Act, 1881.

2. Against the said judgment dated 19.10.2016,

passed by learned Judicial Magistrate/Ist Additional Civil

Judge (Senior Division), Rudrapur, District Udham Singh

Nagar in Complaint Case No. 2148 of 2014, an Appeal

(Criminal Appeal No.194 of 2016) was filed. The said

Appeal has been dismissed vide judgment dated

26.11.2022, passed by learned IInd Additional Sessions

Judge, Rudrapur, District Udham Singh Nagar.

3. Proposed Revision has been filed along with an

Application under Section 5 of the Limitation Act, 1963 to

condone the delay of 146 days' in preferring the Revision.

4. The said Delay Condonation Application has not

been opposed by the respondent no.2.

5. Perused and gone through the record.

6. In the interest of justice, Delay Condonation

Application (IA No.01 of 2023) is allowed. The delay of

146 days' is condoned.

7. Mr. Vinay Kumar Chauhan, Advocate, submits

that the revisionist undertakes to deposit/pay to the

respondent no.2 50% of the fine amount, as imposed by

the Trial Court, within two weeks' from the date of his

release on bail, and, he is ready to compromise with the

respondent no.2.

8. Admit.

9. Heard on the Bail Application (IA No. 2 of 2023).

10. Mr. Vinay Kumar Chauhan, Advocate, has

submitted that revisionist was on bail during the trial and

appeal, and, the conditions of bail were neither misused

nor violated by him.

11. Considering the facts and circumstances of the

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

Sanjay Malik.

12. 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.

13. At the request of both the parties, the present

Revision is referred to the National Lok Adalat, which is

scheduled to be held on 09.09.2023.

___________________ ALOK KUMAR VERMA, J.

Dt: 21.08.2023 Neha