CRLR/802/2024
2025 Latest Caselaw 3650 UK

Uttarakhand High Court

CRLR/802/2024 on 25 August, 2025

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                              IA No.1 of 2024 (Bail Application)
                              In
                              CRLR No.802 of 2024

                              Hon'ble Ashish Naithani, J.

Mr. Abhishek Verma, learned counsel for the Revisionist.

2. Mr. Vijay Khanduri, learned Brief Holder, for the State of Uttarakhand.

3. Ms. Sadaf Gaur, learned counsel for the Respondent No.2.

4. Proposed Revisionist was convicted under Section 138 of Negotiable Instruments Act, 1881 and was sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.3,60,000/- vide judgment dated 03.01.2020, passed by learned Additional Chief Judicial Magistrate/Civil Judge (S.D.) Kashipur, District Udham Singh Nagar. An appeal (Criminal Appeal No.16 of 2020) was filed by the Revisionist. The said appeal has been dismissed vide judgment dated 02.06.2023, passed by learned 1st Additional District and Session Judge, District Udham Singh Nagar.

5. Heard on the bail application and perused the records.

6. As per the submission of the learned counsel for the Revisionist that a promissory note (cheque) dated 30.04.2017 amounting to Rs.2,00,000/-, was given to the Respondent No.2, which was later on compounded with interest up to Rs.3,60,000/-. Out of the said amount, Rs.72,000/- has been deposited with the Appellate Court, subject to its release. Learned counsel for the Revisionist further submits that the Revisionist may be enlarged on bail during the pendency of the present criminal revision, subject to payment of the rest amount of Rs.2,78,000/-, for which a stipulated time may be granted for arranging the same.

7. Learned counsel appearing on behalf of the Respondent No.2 makes a statement that in case the Revisionist is willing to pay and deposits the said remaining amount, she has no objections on the Respondent side.

8. Learned State Counsel vehemently opposes the bail application of the Revisionist.

9. Considering the facts and circumstances of the case, the grounds for bail are found to be sufficient.

10. The bail application is allowed. Let the revisionist be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

11. However, it is made clear that the remaining amount of Rs.2,78,000/- be deposited by the Revisionist in two instalments i.e. (1) first instalment within three months from today (2) second instalment within three months thereafter i.e. on or before 25.02.2026. In default, the bail application will stand cancelled.

(Ashish Naithani, J.) 25.08.2025 Nitesh/