Hon'Ble Alok Mahra vs Unknown
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Uttarakhand High Court

Hon'Ble Alok Mahra vs Unknown on 25 February, 2025

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      25.02.2025                            CRLR No.907 of 2024
                                            Hon'ble Alok Mahra, J.

Heard Mr. Yogesh Upadhyay and Mr. K.S. Jagati, learned counsel for the revisionist, Mr. Deepak Bisht, learned DAG for the State and Mr. Shariq Khurshid, learned counsel for respondent no.2.

2. The challenge in this revision is made to the

(i) Judgment and order dated 25.06.2024, passed in Criminal Complaint Case No. 8115 of 2020, Dabur Grain Agency Vs. Amritpal Singh, by the court of Judicial Magistrate/ 3rd Addl. Civil Judge, (JD), Kashipur, District Udham Singh Nagar ("the case"). By it, the revisionist has been convicted under Section 138 of N.I. Act and sentenced thereunder and;

(ii) Judgment and order dated 20.11.2024, passed in Criminal Appeal No. 61 of 2024, Amritpal Singh Vs. State and Another, by the court of 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar ("the appeal"). By it, the order passed in the case was confirmed in appeal.

3. Learned counsel for the revisionist would submit that the complainant failed to produce an original ledger record with sign and stamp of complainant firm, which the complainant adduced as evidence before the trial court in lieu of the alleged debt taken by the revisionist.

4. Heard.

5. Admit.

6. List on 17.06.2025.

7. Also heard on Exemption Application IA No.1 of 2024.

8. The revisionist seeks exemption from surrendering.

9. It is further submitted that the revisionist has been on bail throughout during trial and in appeal. He would submit that the sentence impugned may be stayed, subject to the conditions that may be imposed by the Court.

10. In the case of Shubham Singhal Vs. High Court of Uttarakhand, in Writ Petition (M/B) No. 84 of 2023, the Division Bench of this Court has held that application seeking exemption may be entertained without insisting for surrender of the applicant.

11. In the case of Sanjay Nagyach Vs. State of Madhya Pradesh, 2024 SCC OnLine MP 898, the Hon'ble Madhya Pradesh High Court on an application for exemption to surrender, passed the order and required the applicant in that case to furnish bonds.

12. Having considered, this Court is of the view that the execution of impugned sentence, shall remain suspended during & until the conclusion of the revision, subject to the revisionist executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

13. Exemption Application is disposed of accordingly.

(Alok Mahra, J.) 25.02.2025 BS