Smt. Geeta Arya vs State Of Uttarakhand And Another
2023 Latest Caselaw 3585 UK

Uttarakhand High Court

Smt. Geeta Arya vs State Of Uttarakhand And Another on 28 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

                        28th DECEMBER, 2023
                  CRIMINAL REVISION NO. 913 of 2023


Smt. Geeta Arya                                      .....Revisionist


                            Versus


State of Uttarakhand and Another                     ...Respondents

Counsel for the Revisionist :        Mr. P.C. Petshali, Advocate, and
                                     Mr. Kaushal Sah Jagati,
                                     Advocate.
Counsel for the State       :        Mr. V.K. Jemini, Deputy Advocate
                                     General.



Hon'ble Alok Kumar Verma,J.

Proposed Revisionist - accused was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to three months imprisonment along with a fine of Rs.7,20,000/-. Against the said judgment dated 01.02.2023, passed by learned Judicial Magistrate/ IInd Additional Civil Judge, Kashipur, District Udham Singh Nagar in Criminal Complaint No.7341 of 2020, an Appeal (Criminal Appeal No.24 of 2023) was filed by the revisionist. The said Appeal has been dismissed vide judgment dated 19.09.2023, passed by learned Ist Additional Sessions Judge, Kashipur, District Udham Singh Nagar.

2. Heard Mr. P.C. Petshali, learned counsel with Mr. Kaushal Sah Jagati, learned counsel for the proposed revisionist and Mr. V.K. Jemini, learned Deputy Advocate General for the State.

3. Exemption Application (IA No.01 of 2023) is dismissed as not pressed.

4. Mr. P.C. Petshali, Advocate, contended that the case of the revisionist is that the impugned cheque was not issued by the

revisionist, and, there existed no debt or liability at the time of issuance of the alleged cheque.

5. Admit.

6. Issue notice to the respondent no.2 - complainant. Steps to be taken within a week.

7. List on 12.03.2024.

8. Heard on the Bail Application (IA No.02 of 2023).

9. Mr. P.C. Petshali, Advocate, submitted that the revisionist was on bail during the trial and the appeal, and, the conditions of bail were never misused by her.

10. 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.

11. The Bail Application (IA No.02 of 2023) is allowed.

12. Let the revisionist - Smt. Geeta Arya be released on bail on her executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.

___________________ ALOK KUMAR VERMA, J.

Dated 28.12.2023 Pant/