Shri Trilochan Singh vs State Of Uttarakhand And Another
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Uttarakhand High Court

Shri Trilochan Singh vs State Of Uttarakhand And Another on 13 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

                        13th DECEMBER, 2023
                 CRIMINAL REVISION NO. 821 of 2023


Shri Trilochan Singh                                     .....Revisionist


                              Versus


State of Uttarakhand and Another                         ...Respondents

Counsel for the Revisionist       :      Mr. Rajat Mittal, Advocate.
Counsel for the State             :      Mr. M.K. Chand, AGA.



Hon'ble Alok Kumar Verma,J.

Revisionist - accused Shri Trilochan Singh was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs. 90,000/- under Section 138 of the Negotiable Instruments Act, 1881. The revisionist had filed an Appeal. The said Appeal (Appeal No. 76 of 2021) was dismissed vide judgment dated 15.09.2023, passed by learned Ist Additional Sessions Judge, Rishikesh, District Dehradun.

2. Mr. Rajat Mittal, Advocate, contended that there existed no debt/ any legal liability at the time of issuance of the impugned cheque, and, no notice under Clause (b) of Section 138 of the Negotiable Instruments Act, 1881, was ever given to the revisionist.

3. Admit.

4. Issue notice to the respondent no.2. Steps to be taken within a week.

5. Supplementary affidavit is taken on record.

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

7. Mr. Rajat Mittal, Advocate, submitted that the revisionist had deposited Rs.60,000/- at the time of admission of the appeal, and, now he is depositing Rs.64,000/- through draft under protest.

He further submitted that the revisionist, aged about 52 years, is suffering from various deceases.

8. Mr. Rajat Mittal, Advocate, submitted that he has filed a draft along with a supplementary affidavit and copies of medical documents of the revisionist. Mr. Rajat Mittal, Advocate, submitted that the revisionist was on bail during the trial and the appeal, and, the conditions of bail were never misused by him.

9. Having considered the submissions of learned counsel for the revisionist and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

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

11. Let the revisionist - Shri Trilochan Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.

12. Exemption Application (IA No.02 of 2023) stands disposed of accordingly.

13. List on 23.02.2024.

___________________ ALOK KUMAR VERMA, J.

Dated 13.12.2023 Pant/