Sushil Agarwal vs State Of Uttarakhand And Another
2023 Latest Caselaw 2731 UK

Citation : 2023 Latest Caselaw 2731 UK
Judgement Date : 18 September, 2023

Uttarakhand High Court

Sushil Agarwal vs State Of Uttarakhand And Another on 18 September, 2023

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                            18TH SEPTEMBER, 2023
                 CRIMINAL REVISION NO. 651 of 2023


Sushil Agarwal                                              .....Revisionist


                            Versus


State of Uttarakhand and Another                            ...Respondents

Counsel for the Revisionist :              Mr. Abhishek Verma, Advocate.



Counsel for the State       :              Mr. M.A. Khan, AGA.



Hon'ble Alok Kumar Verma,J.

Proposed revisionist was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.2,20,000/- (Two Lakh Twenty Thousand). Against the said judgment dated 12.01.2023, passed by Additional Chief Judicial Magistrate/ VIIIth Additional Senior Civil Judge, Dehradun in Complaint Case No.990 of 2020, an Appeal (Criminal Appeal No.36 of 2023) was filed. The said Appeal has been dismissed vide judgment dated 11.09.2023, passed by learned VIth Additional Sessions Judge, Dehradun.

2. Heard Mr. Abhishek Verma, learned counsel for the revisionist and Mr. M.A. Khan, learned AGA for the State.

3. Mr. Abhishek Verma, Advocate, contended that the impugned cheque was not issued to the complainant and the complainant has failed to prove that the said cheque was delivered to him for any legally enforceable debt.

4. Admit.

5. Issue notice to the respondent no.2 - complainant. Steps to be taken within a week.

6. List on 23.11.2023.

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

8. Mr. Abhishek Verma, 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 - Sushil Agarwal 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 18.09.2023 Pant/