CRLR/35/2023
2023 Latest Caselaw 1748 UK

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

                      04th JULY, 2023

            Delay Condonation Application No.3 of 2023
                 Recall Application No.2 of 2023
                           In
              CRIMINAL REVISION NO. 35 of 2023
Between:
Rishi Singh                                   .....Revisionist

and

State of Uttarakhand and Another            .....Respondents

Counsel for the Revisionist       :   Mr. Gaurav Singh,
                                      Advocate.
Counsel for the State             :   Mrs. Meena Bisht,
                                      Brief Holder.
Counsel for the               :       Mr. Siddhartha Singh,
Respondent No.2                       Advocate.

Hon'ble Alok Kumar Verma,J.

Heard Mr. Gaurav Singh, learned counsel for

applicant and Mr. Siddhartha Singh, learned counsel for

respondent no.2 on the Delay Condonation Application (IA

No.3 of 2023) as well as on Recall Application (MCC No.02

of 2023).

2. The said Recall Application has been filed to

recall the order dated 17.03.2023, by which, the proposed

Revision was dismissed in non-prosecution.

3. Present Recall Application has been filed along

with an Application under Section 5 of the Limitation Act,

1963 to condone the delay of 66 days' in preferring the

Recall Application.

4. In the interest of justice, the said Delay

Condonation Application (IA No.3 of 2023) is allowed,

however, on the cost of Rs.1,000/-(Rupees one thousand).

5. The delay of 66 days' in filing the Recall

Application is condoned.

6. Recall Application (MCC No.02 of 2023) is

allowed.

7. The order date 17.03.2023 is recalled.

8. Heard on Criminal Revision.

9. Proposed revisionist-accused Rishi Singh was

convicted for the offence punishable under Section 138 of

the Negotiable Instruments Act, 1881 and he was

sentenced to undergo simple imprisonment for a period of

two years along with a fine of Rs. 8,85,000/-.

10. Against the said judgment dated 25.01.2020,

passed by learned Judicial Magistrate/IIIrd Additional Civil

Judge (Junior Division), Haridwar in Complaint Case

No.321 of 2018, a Criminal Appeal was filed. The Criminal

Appeal (No. 59 of 2020) has been dismissed vide

judgment dated 28.11.2022, passed by learned IVth

Additional Sessions Judge, Haridwar.

11. Heard Mr. Gaurav Singh, learned counsel for

revisionist, Mrs. Meena Bisht, learned Brief Holder for

State and Mr. Siddhartha Singh, learned counsel for

respondent no.2.

12. Mr. Gaurav Singh, Advocate, has submitted that

the impugned cheque was not issued for any legally

enforceable debt or liability.

13. Admit.

14. List on 17.10.2023.

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

16. Mr. Gaurav Singh, Advocate, has submitted that

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

conditions of bail were neither misused nor violated by

him.

17. Considering the facts and circumstances of the

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

Rishi Singh.

18. Let the revisionist Rishi Singh be released on

bail on executing his personal bond and furnishing two

reliable sureties, each in the like amount, to the

satisfaction of Trial Court.

19. The said cost shall be deposited by revisionist in

the High Court Bar Association Welfare Fund, meanwhile.

___________________ ALOK KUMAR VERMA, J.

Dt: 04.07.2023 Neha