CRLR/186/2023
2023 Latest Caselaw 1277 UK

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                                  IA No.1 of 2023 Bail Application
                                  In
                                  CRLR No.186 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Ms. Prabha Naithani, counsel for the revisionist.

Mr. V.S. Rathore, AGA along with Mr. Deepak Bisht and Ms. Lata Negi, learned Brief Holder for the State.

Mr. P.C. Petshali, learned counsel for respondent no.2.

Present criminal revision has been preferred by the revisionist against the judgment/order dated 09.12.2022 passed by Judicial Magistrate/2nd Additional Civil Judge, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No. 7073 of 2020 as well as the judgment/order dated 01.03.2023 passed by 1st Additional Session Judge, Kashipur in criminal appeal no.03 of 2023, whereby the revisionist have been convicted under Section 138 of the Negotiable Instruments Act and sentenced accordingly.

Heard.

Admit the revision.

Lower court record has been received. Also heard on the Bail Application IA No.1/2023.

Learned counsel for the revisionist would submit that the learned trial court and the appellate court erred in not appreciating the fact that the revisionist/convict had summoned the bank witness to prove the payment of the cheque amount and have wrongly convicted the revisionist. She would further submit that the revisionist/convict is in jail since 20.03.2023 and is already behind the bars for about 50 days.

Learned counsel for respondent no.2 would submit that the alleged payment is much before the date of the cheque and it is not clear from the statement of bank witness in the trial court that to whom that amount was paid by the revisionist/convict.

It certainly requires deliberations. In view of the above, it is a case for grant of bail during the pendency of the revision.

Having considered the submissions of learned counsel for the parties, bail application is allowed.

Let the revisionist be released on bail, during the pendency of present criminal revision, on furnishing bail bond with two sureties in the amount of ₹ 50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.

Learned counsel for the revisionist shall supply copy of the revision to the counsel for respondent no.2.

List on 10.07.2023.

Urgency Application IA No.4/2023 stands disposed of accordingly.

(Vivek Bharti Sharma, J.) 08.05.2023 BS