CRLR/672/2023
2023 Latest Caselaw 2816 UK

Citation : 2023 Latest Caselaw 2816 UK
Judgement Date : 21 September, 2023

Uttarakhand High Court

CRLR/672/2023 on 21 September, 2023

                      Office Notes,
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         Date                                      COURT'S OR JUDGES'S ORDERS
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      21.09.2023                        CRLR No.672 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Revisionist-accused was convicted and sentenced to undergo simple imprisonment for a period of one month along with a fine of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand) under Section 138 of the Negotiable Instruments Act, 1881. Against the judgment dated 23.01.2018, passed by learned Judicial Magistrate/Civil Judge (Senior Divison), Rudrapur, Udham Singh Nagar in Complaint Case No.12404 of 2013, a Criminal Appeal (No.36 of 2018) was filed. The said appeal has been dismissed vide judgment dated 23.08.2023, passed by learned IIIrd Additional District & Sessions Judge, Rudrapur, Udham Singh Nagar.

2. Heard Mr. M.K. Ray, learned counsel for the revisionist and Mr. Akshay Latwal, learned Brief Holder for the State.

3. Mr. M.K. Ray, Advocate submits that impugned cheque was not issued by the Revisionist-accused. This fact is corroborated by the evidence of Pradeep Kumar Goyal, DW1, a Handwriting Expert.

4. Admit.

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

6. List on 01.12.2023.

7. Heard on Bail Application.

8. Mr. M.K. Ray, Advocate submits that the revisionist, aged about 61 years, 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 - Rahisuddin 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.) 21.09.2023 JKJ/Pant