Hon'Ble Pankaj Purohit vs Unknown
2025 Latest Caselaw 1747 UK

Uttarakhand High Court

Hon'Ble Pankaj Purohit vs Unknown on 6 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

               Office Notes, reports,
SL.          orders or proceedings or
      Date                                                             COURT'S OR JUDGES'S ORDERS
No           directions and Registrar's
               order with Signatures




                                          CRLR No.251 of 2025
                                          Hon'ble Pankaj Purohit, J.

Mr. Pawan Mishra, learned counsel for the revisionist.

2. Mr. Bharat Chaudhary, learned counsel for the respondent.

3. This criminal revision is directed against the judgment and order dated 26.06.2023 passed by 3rd Additional Chief Judicial Magistrate, Dehradun in Criminal Case No.4548 of 2018, Dr. Prashant Joshi vs. Vishwajeet Singh, whereby the revisionist was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo six months' S.I. with a fine of Rs.13,88,000/-, which was directed to be paid to the respondent- complainant as well as the judgment and order dated 01.03.2025 passed by learned 1st Additional Sessions Judge, Dehradun in Criminal Appeal No.185 of 2023, Vishwajeet Singh vs. State of Uttarakhand & another, whereby the appeal preferred by the revisionist was dismissed and the judgment and order passed by the learned trial court convicting and sentencing the revisionist was upheld.

4. Learned counsel for the revisionist submits that the judgment and order passed by learned trial court as well as appellate court suffers from factual and legal aspect; inasmuch as, the conviction has been recorded upon the revisionist on a second complaint, which was filed by the complainant during the pendency of the criminal revision, which was pending before learned Sessions Judge against

the dismissal of the first complaint.

5. Learned counsel for the respondent-complaint refuted the said submission saying that during the first complaint, the cheque-in-question was issued by the revisionist on a compromise entered into between the parties and it is for dishonoring of the said cheque, the complaint was filed. The complaint which is said to have been second complaint.

6. Having heard rival submissions of learned counsel for the parties, this Court is of the view that matter requires deliberation.

7. Admit.

8. Sent for TCR.

9. Learned counsel for the revisionist submits that revisionist has surrendered before the trial court pursuant to the impugned judgments and orders on 04.08.2025 to serve out the sentence. He passed on photostat of questionnaire to this Court to substantiate the said submission made by him. The same is taken on record.

9. Since there is no bail application in the aforesaid criminal revision, the revisionist may file the bail application in the matter.

10. List on 01.09.2025.

(Pankaj Purohit, J.) 06.08.2025 AK