Rajesh Sharma vs State Of Uttarakhand And Another
2023 Latest Caselaw 3189 UK

          IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        17th OCTOBER, 2023
                 CRIMINAL REVISION NO. 755 of 2023


Rajesh Sharma                                         .....Revisionist


                             Versus


State of Uttarakhand and Another                      ...Respondents

Counsel for the Revisionist :          Mr. Prabhat Bohra, Advocate.
Counsel for the State        :         Mrs. Manisha Rana Singh, AGA.



Hon'ble Alok Kumar Verma,J.

Proposed Revisionist - accused Rajesh Sharma was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.10,02,000/- under Section 138 of the Negotiable Instruments Act, 1881. Against the said judgment dated 16.06.2022, passed by learned IVth Additional Chief Judicial Magistrate, Dehradun in a Criminal Complaint No.5064 of 2018, an Appeal (Appeal No.220 of 2022) was filed. The said Appeal has been dismissed vide judgment dated 26.09.2023, passed by learned VIIIth Additional Sessions Judge, Dehradun.

2. Heard Mr. Prabhat Bohra, learned counsel for the revisionist and Mrs. Manisha Rana Singh, learned AGA for the State.

3. Mr. Prabhat Bohra, Advocate, contended that the revisionist has established before the Trial Court that there existed no debt or liability at the time of issuance of the impugned cheque.

4. Admit.

5. Issue notice to the respondent no.2. Steps to be taken within two days.

6. List on 20.11.2023 after fresh cases.

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

8. Mr. Prabhat Bohra, Advocate, has submitted that the

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

conditions of bail were neither violated nor misused by him.

9. 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.

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

11. Let the revisionist - Rajesh Sharma be released on bail

on his 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 17.10.2023 Pant/