CRLR/542/2025
2025 Latest Caselaw 3774 UK

Uttarakhand High Court

CRLR/542/2025 on 28 August, 2025

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                                  CRLR No. 542 of 2025

                                  Hon'ble Ashish Naithani, J.

Mr. Rishabh Bisht, learned counsel for the Revisionist.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The present Criminal Revision has been filed with a prayer to allow the exemption application and the applicant be exempted from surrendering in pursuance to the judgment and order dated 01.08.2025, passed by learned First Additional District and Sessions Judge, Haridwar in Criminal Appeal No. 04 of 2025, "Julfikar vs. State of Uttarakhand and Another" under Section 138 of Negotiable Instrument Act as well as judgment and order dated 04.01.2025, passed by learned Additional Chief Judicial Magistrate/2nd Additional Civil Judge, Senior Division Haridwar in Criminal Complaint Case No. 713 of 2024, "Mohdmmad Ali vs. Julfikar".

4. The Revisionist has also filed a Stay Application (IA No. 02 of 2025), seeking stay on the effect and operation of the order dated 01.08.2025, passed by learned First Additional District and Sessions Judge, Haridwar in Criminal Appeal No. 04 of 2025, "Julfikar vs. State of Uttarakhand and Another" under Section 138 of N.I. Act, 1881 as well as judgment and order dated 04.01.2025, passed by learned Additional Chief Judicial Magistrate/IInd Additional Civil Judge, Senior Division, Haridwar in Criminal Complaint Case No. 713 of 2024, "Mohd. Ali vs. Julfikar".

5. Admit.

6. Issue notice to Respondent No. 2.

7. Steps for service be taken within one week.

8. Objections, if any, be filed by the Respondent.

9. List this case on 09.10.2025.

10. As an interim measure, it is directed that till the next date of listing, the effect and operation of the order dated 01.08.2025, passed by learned First Additional District and Sessions Judge, Haridwar in Criminal Appeal No. 04 of 2025, "Julfikar vs. State of Uttarakhand and Another" under Section 138 of N.I. Act, 1881 as well as judgment and order dated 04.01.2025, passed by learned Additional Chief Judicial Magistrate/IInd Additional Civil Judge, Senior Division, Haridwar in Criminal Complaint Case No. 713 of 2024, "Mohd. Ali vs. Julfikar", shall remain stayed.

11. The Stay Application stands disposed of accordingly.

(Ashish Naithani, J.) 28.08.2025 Shiksha