Ramprit vs State Of Uttarakhand And Another
2023 Latest Caselaw 2915 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   29th SEPTEMBER, 2023

             CRIMINAL REVISION NO. 643 of 2023


Ramprit                                        .....Revisionist

                          Versus

State of Uttarakhand and Another             .....Respondents


Counsel for the Revisionist          :       Mr. Mukesh
                                             Kumar
                                             Kaparuwan,
                                             Advocate.
Counsel for the Respondent No.1      :    Mr. Pramod Tiwari,
                                          Brief Holder.

Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed

against the judgment dated 25.08.2023, passed by

learned Ist Additional Sessions Judge, Rishikesh, District

Dehradun in Criminal Appeal No.02 of 2023, by which, the

Appeal, filed against the judgment dated 10.01.2023,

passed by learned Judicial Magistrate, Rishikesh, District

Dehradun in Complaint Case No.715 of 2018, by which,

the revisionist-accused was convicted and sentenced to

undergo simple imprisonment for a period of three months

along with a fine of Rs. 5,10,000/- under Section 138 of

the Negotiable Instruments Act, 1881, has been

dismissed.

2. Supplementary affidavit dated 29.09.2023 of

Smt. Sunita Devi, wife of the revisionist, and, a copy of

question-answer dated 19.09.2023, issued by the Court of

Judicial Magistrate, Rishikesh, are taken on record.

3. Mr. Mukesh Kaparuwan, Advocate, contended

that there are material contradictions in the statements of

the complainant. However, revisionist undertakes through

the said affidavit, filed by his wife, to deposit entire

awarded amount i.e. Rs.5,10,000/- (Rupees five lakh ten

thousand) within two months from the date of his release

on bail.

4. Admit.

5. Issue fresh notice to the respondent no.2.

6. Steps to be taken within a week.

7. List on 09.11.2023.

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

2023).

9. Mr. Mukesh Kaparuwan, Advocate, contended

that the revisionist, was on bail during the trial and

appeal, and, the conditions of bail were never misused nor

violated by him.

10. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the revisionist

Ramprit.

11. 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.

Dt: 29.09.2023 Neha