CRLR/382/2025
2025 Latest Caselaw 792 UK

Uttarakhand High Court

CRLR/382/2025 on 8 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                         CRLR No.382 of 2025
                                         Hon'ble Pankaj Purohit, J.

Mr. Mahavir Tyagi, learned Senior Advocate assisted by Mr. Prabhakar Narayan, learned counsel holding brief of Mr. Sunil Chandra, learned counsel for the revisionist.

2. Mr. B.C. Joshi, learned AGA for the State/respondent no.2.

3. This revision is directed against the judgment and order dated 18.07.2024 passed by Judicial Magistrate-1st, Dehradun in Criminal Complaint No.2048 of 2021, Ravi Kumar vs. Yash Infrahight, whereby the revisionist-accused was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to two years' S.I. and a fine of Rs.1,42,00,000/- with a condition that out of the aforesaid amount Rs.1,41,90,000/- shall be paid to the respondent-complainant as the compensation and rest of the amount Rs.10,000/- will be deposited in the state exchequer. In case of default in paying the amount of fine further three months' S.I. shall be undergone by the revisionist- accused; as well as the judgment and order dated 11.06.2025 passed by 1st Additional Sessions Judge, Dehradun in Criminal Appeal No.244 of 2024, Yash Infrahight vs. Ravi Kumar and another, whereby the appeal preferred by the revisionist was dismissed and the judgment and order passed by learned trial court was upheld.

4. It is contended by learned Senior Advocate appearing for the revisionist that judgment and order passed by trial court as well as appellate court suffer from patent illegality and perversity for the reason that the case of the revisionist- accused has not been considered properly. He further contends that it is admitted to the revisionist-accused that he has issued two blank cheques in favour of the respondent no.1- complainant, but some higher amount has been filled up by the respondent no.1-complainant in those cheques.

5. It is also contended by learned Senior Advocate for the revisionist that revisionist- accused admits liability of paying Rs.72,00,000/- out of which Rs.20,00,000/- has been returned by him to the respondent no.1-complainant.

6. Per contra, learned State Counsel submits that judgments and orders suffer from no illegality and error of fact or law.

7. Having heard learned counsel for the parties and perused the record, this Court is of the view that present criminal revision deserves to be admitted.

8. Revision is admitted.

9. Sent for TCR.

10. Issue notice to the respondent no.1, returnable within four weeks.

11. Steps to be taken within three days.

12. List on 07.10.2025.

Bail Application (IA No.3/2025)

13. It is contended by learned Senior Advocate appearing for the revisionist that revisionist has surrendered before the trial court on 28.06.2025 and in proof thereof, annexure no.1 to the bail application has been annexed which is reflected from the order of the trial court dated 11.06.2025 and it is also reflected that the revisionist-accused was sent to the District Jail, Dehradun for serving the sentence imposed by the trial court.

14. Learned counsel for the revisionist would press the bail application (IA No.3/2025) today.

15. In view of the grounds which have been raised by learned Senior Advocate in support of the revision-petition, this Court is of the view that during the pendency of the present criminal revision, revisionist-accused deserves to be released on bail at this stage.

16. Accordingly, 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.

17. So far as fine is concerned, revisionist shall deposit Rs.50,00,000/- before the trial court, realization of rest of the fine shall remain stayed during the pendency of this revision.

(Pankaj Purohit, J.) 08.07.2025 AK