Uttarakhand High Court

CRLR/233/2025 on 1 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
No.
         Date
                     directions and                   COURT'S OR JUDGE'S ORDERS
                   Registrar's order
                    with Signatures
      01.05.2025                        CRLR No. 233 of 2025
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Vikas Anand, learned counsel for the revisionist.

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. Present criminal revision has been preferred by the revisionist against the judgment/order dated 13.10.2022 passed by learned Additional Chief Judicial Magistrate/Senior Civil Judge, Rudrapur, District Udham Singh Nagar in Criminal Case No. 5316 of 2018, whereby the present revisionist has been convicted and sentenced under Section 138 of the Negotiable Instruments Act for a period of one year rigorous imprisonment along with fine of `3,95,000/- as well as the impugned judgment and order dated 18.03.2025 passed by 1st Additional District Judge, Udham Singh Nagar in Criminal Appeal No. 252 of 2022, whereby the learned Appellate Court had affirmed the judgment and order dated 13.10.2022.

4. Heard.

5. Issue notices to respondent no. 2 through ordinary process and registered post acknowledgment due as well as through e-mail and whatsapp, if available.

6. Steps to be taken within three weeks.

7. Also Heard on bail application (IA 1 of 2025)

8. Learned counsel for the revisionist/applicant would submit that the revisionist/applicant is innocent and he had never received any legal notice from the complainant for demanding the alleged money due against the revisionist/applicant; that, both the courts below without considering the evidence on record passed the impugned judgments; that, no purpose would be served by keeping the revisionist behind the bars as the final disposal of the revision is likely to take long time.

9. Having considered the submissions of learned counsel for the revisionist, bail application is allowed.

10. Let the revisionist be released on bail, during the pendency of present criminal revision subject to the condition that the revisionist/applicant shall deposit ₹4 lacs by way of demand draft in the name of Chief Judicial Magistrate, Udham Singh Nagar in the trial court and on furnishing bail bond with two sureties in the amount of ₹50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court. The Demand Draft, so deposited in the court be deposited in a fresh account of the case as opened in the M.A.C. cases.

11. Bail application stands disposed of accordingly.

12. List this case on 14.07.2025.

(Vivek Bharti Sharma, J.) 01.05.2025 Mamta