Akshay Kashyap vs State Of Uttarakhand And Another
2023 Latest Caselaw 3564 UK

Uttarakhand High Court

Akshay Kashyap 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. 341 of 2023


Akshay Kashyap                                       .....Revisionist

                                  Versus

State of Uttarakhand and Another                       ...Respondents

Counsel for the Revisionist           :    Mr. Mani Kumar,
                                           Advocate.

Counsel for the Respondent no. 2      :    Mr. Abhishek Verma,
                                           Advocate.

Hon'ble Alok Kumar Verma,J.

Proposed revisionist was convicted under Section 138 of

the Negotiable Instruments Act, 1881 and was sentenced to

undergo simple imprisonment for a period of two years along with

a fine of Rs. 7,10,000/- vide judgment dated 23.02.2021, passed

by learned Additional Chief Judicial Magistrate, Kashipur, District

Udham Singh Nagar. An Appeal (Criminal Appeal No. 105 of 2021)

was filed by the revisionist. The said Appeal has been dismissed

vide judgment dated 08.05.2023, passed by learned IInd Additional

Sessions Judge, Udham Singh Nagar.

2. Heard Mr. Mani Kumar, learned counsel for the

revisionist and Mr. Abhishek Verma, learned counsel for the

respondent no. 2-complainant.

3. Supplementary affidavit, filed by the revisionist, is taken

on record.

4. Admit.

5. List on 26.02.2024.

6. Heard on the Bail Application (IA No. 1 of 2023).

7. Mr. Mani Kumar, Advocate, submitted that the

revisionist is ready to pay the entire outstanding amount within six

months from today. He further submitted that the revisionist was

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

were never misused by him.

8. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the revisionist-Akshay

Kashyap.

9. 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.

10. In case, the revisionist misuses the bail, respondent no.

2 will be free to move the Court for cancellation of bail.

___________________ ALOK KUMAR VERMA, J.

Dated 13.12.2023 Shiksha/