Uttarakhand High Court

Hon'Ble Vivek Bharti Sharma vs Mahesh Pandey" on 9 June, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office    Notes,
                   reports, orders
                   or proceedings
SL.
         Date      or    directions                    COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order       with
                   Signatures
      09.06.2025                      CRLR No.340 of 2025
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. Rishab Ranghar, learned counsel for the revisionist.

2. Mr. Deepak Bisht, learned Deputy Advocate General along with Mr. Prabhat Kandpal, learned Brief Holder for the State.

3. Present criminal revision is preferred for summoning the record and setting aside the judgment and order dated 25.09.2023 passed by learned Judicial Magistrate, Dehradun in Criminal Complaint No.3585 of 2014, "Dhirender Singh Rawat Vs. Mahesh Pandey"

under Section 138 of Negotiable Instrument Act, 1881 and judgment and order dated 20.05.2025 passed by III Addl Session Judge, Dehradun in Criminal Appeal No.412 of 2023, "Mahesh Pandey Vs. State of Uttarakhand and another".

4. Learned counsel for the revisionist/convict would submit that impugned judgment and order dated 25.09.2023 and 20.05.2025 are passed against the full facts and circumstances of the case; that the impugned judgments are perverse and are based on one sided appreciation of evidence, therefore, the same are liable to be set aside.

5. Admit the revision.

6. Issue notice to respondent no.2 through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

7. Steps to be taken within two weeks.

8. Heard on the exemption application.

9. Learned counsel for the revisionist/convict would submit that the revisionist/convict ready to deposit the fine amount imposed by the Trial Court; that, the revisionist/convict was on bail during the trial and the appeal but he never misused the liberty of bail granted by the learned Courts below; that, the revisionist /convict may kindly be released on bail as the revision may take considerable time for its conclusion due to heavy pendency of cases.

10. Per contra, Counsel for the State opposed the bail application, however, admitted that factual position is not disputed.

11. Having considered the entirety of the facts and without expressing any final opinion on the merits of the case, the revisionist/convict is admitted to bail.

12. Let the revisionist/convict be released on bail, during the pendency of present criminal revision, on furnishing bail bond with two sureties in the amount of ₹60,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court, subject to depositing of amount of fine imposed by the Trial Court within seven days in the Trial Court concerned.

13. Exemption application (IA/1/2025) stands disposed of accordingly.

14. List this case on 15.07.07.2025.

(Vivek Bharti Sharma, J.) 09.06.2025 SS