CRLR/272/2023
2023 Latest Caselaw 1818 UK

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

                       13TH JULY, 2023

         Delay Condonation Application (IA No.1 of 2023)
                Bail Application (IA No.2 of 2023)
                                 in
            CRIMINAL REVISION NO. 272 of 2023


Between:

Jaiprakash Singh                                   ...Revisionist

and

State of Uttarakhand and Another                ...Respondents


Counsel for the Revisionist      :     Mr. Mani Kumar,
                                       Advocate.
Counsel for the Respondent       :     Mr. R.C. Tamta,
No.2                                   Advocate.

Hon'ble Alok Kumar Verma,J.

Proposed revisionist-accused Jaiprakash Singh

was convicted and sentenced to undergo rigorous

imprisonment for a period of one year along with a fine of

Rs.2.00 Lakh (Two Lakh) for the offence under Section

138 of the Negotiable Instruments Act, 1881 (in short,

"Act 1881"). Against the said judgment dated 29.09.2016,

passed by learned Judicial Magistrate, Khatima, District

Udham Singh Nagar in Complaint Case No.376 of 2013, a

Criminal Appeal (No.176 of 2016) was filed. The said

appeal has been dismissed vide judgment dated

21.12.2022, passed by learned Ist Additional Sessions

Judge, Udham Singh Nagar.

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

revisionist and Mr. R.C. Tamta, learned counsel for the

respondent no.2 on Delay Condonation Application (IA

No.1 of 2023).

3. Proposed revision has been filed along with an

application under Section 5 of the Limitation Act, 1963 to

condone the delay of 35 days in preferring the revision.

Present revision has been filed on 26.04.2023. Revisionist

is in judicial custody since 11.04.2023.

4. Delay Condonation Application has not been

opposed by respondent no.2. Delay Condonation

Application (IA No.1 of 2023) is allowed. Delay of 35 days

in preferring the revision is condoned.

5. Admit.

6. List on 04.10.2023.

7. Heard on the Bail Application (IA No. 2 of 2023).

8. Mr. Mani Kumar, Advocate, has submitted that

the respondent no.2 - complainant did not send any

notice under Clause (b) of Section 138 of the Act, 1881 to

the revisionist. He further submitted that the revisionist

was on bail during the trial and appeal and the conditions

of bail were neither misused nor violated by him.

9. Considering the facts and circumstances of the

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

namely, Jaiprakash Singh.

10. 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

concerned court.

___________________ ALOK KUMAR VERMA, J.

Dt: 13.07.2023 JKJ/ Pant