Smt. Radhika vs State Of Uttarakhand And Another
2023 Latest Caselaw 3127 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        12th OCTOBER, 2023
                 CRIMINAL REVISION NO. 742 of 2023


Smt. Radhika                                         .....Revisionist


                            Versus


State of Uttarakhand and Another                     ...Respondents

Counsel for the Revisionist :         Mr. R.C. Tamta, Advocate.
Counsel for the State      :          Mrs. Manisha Rana Singh, AGA.



Hon'ble Alok Kumar Verma,J.

Smt. Radhika, proposed revisionist - accused was convicted and sentenced to undergo simple imprisonment for a period of three months along with a fine of Rs.70,000/- vide judgment dated 02.05.2022, passed by learned Judicial Magistrate, Rishikesh, District Dehradun in Complaint Case No.175 of 2018. Against the said judgment, an Appeal (Criminal Appeal No.23 of 2023) was filed. The said Appeal has been dismissed vide judgment dated 29.08.2023, passed by learned Ist Additional Sessions Judge, Rishikesh, District Dehradun.

2. Mr. R.C. Tamta, Advocate, submits that the case of the revisionist is that notice under Section 138(b) of the Negotiable Instruments Act, 1881 was not served on the revisionist. However, the revisionist wants to pay the entire amount to the respondent no.2.

3. Admit.

4. Issue notice to the respondent no.2- complainant. Steps to be taken within 24 hours.

5. List on 20.11.2023 after fresh cases.

6. Heard on the Bail Application (IA No.01 of 2023).

7. Mr. R.C. Tamta, Advocate, submits that the revisionist -

Smt. Radhika, aged about 43 years, was on bail during the trial

and appeal, and, the conditions of bail were neither violated nor

misused by her.

8. 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.

9. The Bail Application (IA No.01 of 2023) is allowed.

10. Let the revisionist - Smt. Radhika 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 12.10.2023 Pant/