Balwant Singh vs State Of Uttarakhand And Another
2023 Latest Caselaw 2870 UK

Citation : 2023 Latest Caselaw 2870 UK
Judgement Date : 26 September, 2023

Uttarakhand High Court

Balwant Singh vs State Of Uttarakhand And Another on 26 September, 2023

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        26TH SEPTEMBER, 2023
                 CRIMINAL REVISION NO. 674 of 2023


Balwant Singh                                            .....Revisionist


                            Versus


State of Uttarakhand and Another                         ...Respondents


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

Counsel for the State       :          Mr. Vipul Painuly, Brief Holder.



Hon'ble Alok Kumar Verma,J.

Revisionist - accused Balwant Singh was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.1,75,000/- under Section 138 of the Negotiable Instruments Act, 1881. Against the judgment of conviction and sentence dated 22.02.2020, an Appeal (Criminal Appeal No.05 of 2021) was filed. The said Appeal has been dismissed vide judgment dated 26.08.2023, passed by learned IIIrd Additional District and Sessions Judge, Udham Singh Nagar.

2. Heard Mr. Vikas Anand, learned counsel for the proposed revisionist and Mr. Vipul Painuly, learned Brief Holder for the State.

3. Supplementary affidavit dated 24.09.2023, filed on behalf of the revisionist, is taken on record.

4. Mr. Vikas Anand, Advocate, submits that the impugned cheque was not issued for any legally enforceable debt and there are material contradictions in the statement of the respondent no.2 - complainant. However, the revisionist through his supplementary affidavit dated 24.09.2023 undertakes to deposit the entire remaining amount i.e. Rs.1,40,000/- under protest before the court concerned within a period of one month from the date of his release on bail.

5. Admit.

6. Issue notice to the respondent no.2. Steps to be taken within four days.

7. List on 31.10.2023.

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

9. Considering the facts and circumstances of this case, the Bail Application (IA No.01 of 2023) is allowed.

10. Let the revisionist - Balwant Singh be released on bail on his furnishing a personal bond of Rs.30,000/- and two sureties in the like amount to the satisfaction of the Trial Court.

11. Let a certified copy of this order be provided to the learned counsel for the revisionist, today itself, on payment of usual charges.

___________________ ALOK KUMAR VERMA, J.

Dated 26.09.2023 Pant/