J.P.Sharma Alias Jagdeesh Prashad ... vs Mukesh Kumar And Another
2023 Latest Caselaw 3554 UK

Uttarakhand High Court

J.P.Sharma Alias Jagdeesh Prashad ... vs Mukesh Kumar And Another on 12 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

                     12th December, 2023

             CRIMINAL REVISION NO. 624 of 2023


J.P.Sharma alias Jagdeesh Prashad Sharma                 ....Revisionist

                             Versus

Mukesh Kumar and Another                            .....Respondents


Counsel for the Revisionist        :        Mr. J.C.Belwal, Advocate
                                            and Mr. S.K.Mishra,
                                            Advocate.

Counsel for the Respondent         :        Mr. Rakesh Negi, Brief
No. 2                                       Holder.

Hon'ble Alok Kumar Verma,J.

Proposed Revision has been filed challenging the

judgment dated 09.08.2023, passed by learned Vth

Additional Sessions Judge, Dehradun, in Criminal Appeal

No. 94 of 2021, by which, the Appellate Court has

dismissed the said Appeal and affirmed the judgment

dated 17.09.2021, passed by learned Trial Court in

Complaint Case No. 1442 of 2016, whereby, the

revisionist-accused was convicted and sentenced to

undergo simple imprisonment for a period of one year

along with a fine of Rs. 10,20,000/- under Section 138 of

the Negotiable Instruments Act, 1881.

2. Heard Mr. J. C. Belwal, Advocate and Mr. S. K.

Mishra, Advocate appearing for the revisionist and Mr.

Rakesh Negi, learned Brief Holder appearing for the

respondent no. 2.

3. Mr. J. C. Belwal, Advocate, contended that the

revisionist has established that there existed no debt or

any liability at the time of issuance of the impugned

cheque. However, the revisionist is ready to deposit a sum

of Rs. 3,06,000/-, through a draft within 24 hours before

the Registry of this Court. He further submits that a sum

of Rs. 2,04,000/- was already deposited at the time of

admission of the Appeal.

4. Admit.

5. Issue notice to respondent no. 1.

6. Steps to be taken within a week.

7. List on 23rd February, 2024.

8. Heard on the Bail Application (IA No. 01 of 2023).

9. Mr. J. C. Belwal, Advocate contended that the

revisionist, aged about 75 years, was on bail during the

trial and the appeal, and, 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

J.P.Sharma alias Jagdeesh Prashad Sharma.

11. 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: 12.12.2023 Kaushal