Bhuwan Chand Sharma vs State Of Uttarakhand And Another
2023 Latest Caselaw 3498 UK

Uttarakhand High Court

Bhuwan Chand Sharma vs State Of Uttarakhand And Another on 4 December, 2023

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

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

                    04th DECEMBER, 2023

              CRIMINAL REVISION NO. 901 of 2023


Bhuwan Chand Sharma                                   .....Revisionist

                            Versus

State of Uttarakhand and Another                    .....Respondents


Counsel for the Revisionist        :         Mr. Sandeep Kothari,
                                             Advocate, with Mrs.
                                             Abhilasha Tomar,
                                             Advocate.
Counsel for the Respondent         :     Mr. M.K. Chand,
No.1                                     A.G.A. assisted by Mr.
                                         Rakesh Negi, Brief
                                         Holder.
Hon'ble Alok Kumar Verma,J.

Revisionist-accused Bhuwan Chand Sharma was

convicted and sentenced to undergo simple imprisonment

for a period of six months along with a fine of Rs.

3,35,000/- under Section 138 of the Negotiable

Instruments Act, 1881.

2. Revisionist had filed an Appeal (Criminal Appeal

No.24 of 2023) against the said judgment dated

27.03.2023, passed by learned Judicial Magistrate, Civil

Judge, Pithoragarh in Criminal Complaint No.135 of 2022

(Old No.245 of 2019). The said Appeal has been dismissed

vide judgment dated 01.11.2023, passed by learned

Sessions Judge, Pithoragarh.

3. Mr. Sandeep Kothari, Advocate, contended that

the revisionist has established his case that there existed

no debt or liability of the revisionist at the time of issuance

of the impugned cheque.

4. Admit.

5. Issue notice to respondent no.2.

6. Steps to be taken within 24 hrs.

7. List on 04.01.2024.

8. Heard on the Bail Application (IA No. 01 of

2023).

9. Mr. Sandeep Kothari, Advocate, submitted that

the revisionist is in judicial custody since 01.11.2023. He

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

of bail were never misused by him.

10. Considering the facts and circumstances of the

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

Bhuwan Chand Sharma.

11. Let the revisionist- Bhuwan Chand Sharma 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.

12. Let a certified copy of this order be supplied to

the learned counsel for revisionist, today itself, as per

rules.

___________________ ALOK KUMAR VERMA, J.

Dt: 04.12.2023 Neha