Shri Brij Bhushan Sharma vs State Of Uttarakhand And Another
2023 Latest Caselaw 3059 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                          10th OCTOBER, 2023
                CRIMINAL REVISION NO. 717 of 2023


Shri Brij Bhushan Sharma                               .....Revisionist

                                  Versus

State of Uttarakhand and Another                       ...Respondents

Counsel for the Revisionist       :    Mr. Rajat Mittal, Advocate.


Counsel for the State             :    Mrs. Manisha Rana Singh, A.G.A.

Hon'ble Alok Kumar Verma,J.

Revisionist-accused Brij Bhushan Sharma was convicted

and sentenced to undergo simple imprisonment for a period of six

months along with a fine of Rs. 7,52,850/- for the offence under

Section 138 of the Negotiable Instruments Act, 1881. A Criminal

Appeal (No. 144 of 2022) was filed against the said judgment of

conviction and sentence dated 06.06.2022, passed by learned IVth

Additional Chief Judicial Magistrate, Dehradun in Complaint Case

No. 29 of 2017. The said Appeal has been dismissed vide

judgment dated 19.09.2023, passed by learned VIIIth Additional

Sessions Judge, Dehradun.

2. Heard Mr. Rajat Mittal, learned counsel for the

revisionist and Mrs. Manisha Rana Singh, learned A.G.A. for the

State.

3. Mr. Rajat Mittal, Advocate, submits that revisionist has

surrendered before the Court concerned on 09.10.2023. A copy of

question-answer has been filed by Mr. Rajat Mittal, Advocate. The

same is taken on record.

4. Mr. Rajat Mittal, Advocate, further submits that

revisionist was on the post of accountant in the Trust of the

respondent no. 2-complainant. A charge of misappropriation was

leveled against him. He issued a cheque of Rs. 7,90,000/- to settle

the matter. The said cheque has been misused by the complainant

in the present case.

5. In support of the said submissions, Mr. Rajat Mittal,

Advocate, has pointed to the letter dated 11.05.2015, issued by

the complainant (page no. 58).

6. Admit.

7. Issue notice to respondent no. 2.

8. Steps to be taken within a week.

9. List on 05.12.2023.

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

11. Mr. Rajat Mittal, Advocate, contended that the

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

conditions of bail were never misused nor violated by him.

12. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the revisionist Shri Brij

Bhushan Sharma.

13. 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.

___________________ ALOK KUMAR VERMA, J.

Dated 10.10.2023 Shiksha/