Sh. Minal Pandey vs State Of Uttarakhand
2023 Latest Caselaw 3248 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                           19th OCTOBER, 2023
                 CRIMINAL REVISION NO. 746 of 2023


Sh. Minal Pandey                                                .....Revisionist

                                    Versus

State of Uttarakhand                                            ...Respondent

Counsel for the Revisionist         :         Mr. Vikas Anand, Advocate.


Counsel for the Respondent          :     Mr. Manoj Bhatt, Advocate
No. 2.                                    holding brief of Mr. Ankur David,
                                          Advocate.

Hon'ble Alok Kumar Verma,J.

Heard Mr. Vikas Anand, learned counsel for the

revisionist and Mr. Manoj Bhatt, learned counsel holding brief of

Mr. Ankur David, learned counsel for respondent no. 2 on the

Delay Condonation Application (IA No. 1 of 2023).

2. Proposed Revision has been filed along with an

Application under Section 5 of the Limitation Act, 1963 to condone

the delay of 180 days.

3. The Delay Condonation Application has not been

opposed. The said delay is condoned.

4. Revisionist has challenged the judgment dated

12.01.2023, passed by learned IInd Additional Sessions Judge,

Udham Singh Nagar in Criminal Appeal No. 171 of 2019, by which,

the Appeal, filed against the judgment dated 14.05.2019, passed

by learned Additional Chief Judicial Magistrate/IVth Additional Civil

Judge (Senior Division), Udham Singh Nagar in Criminal Case No.

3166 of 2015, by which, the revisionist was convicted and

sentenced to undergo imprisonment for a period of one year along

with a fine of Rs. 5,50,000/- under Section 138 of the Negotiable

Instruments Act, 1881, has been dismissed.

5. Mr. Manoj Bhatt, Advocate, appearing for respondent

no. 2-complainant submits that a sum of Rs. 3,25,000/- has been

received by the complainant from the present revisionist.

6. Both, learned counsel for the parties have sought 20

days' time to file a compounding application.

7. Admit.

8. List on 20.11.2023 just after fresh cases.

9. Heard on the Bail Application (IA No. 02 of 2023).

10. Mr. Vikas Anand, Advocate, submits that the revisionist

was on bail during the trial and appeal, and, the conditions of bail

were never misused nor violated by him.

11. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the revisionist- Sh. Minal

Pandey.

12. 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 19.10.2023 Shiksha/