Uttarakhand High Court

CRLR/148/2025 on 7 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office      Notes,
                   reports, orders or
SL.                proceedings     or
         Date                                         COURT'S OR JUDGES'S ORDERS
No                 directions     and
                   Registrar's order
                   with Signatures
      07.05.2025                        CRLR No.148 of 2025
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. B.S. Adhikari, learned counsel for the revisionist.

2. Mr. Bilal Ahmed, leaned counsel for the respondent.

3. Supplementary affidavit is taken on record. Misc. Application (IA/2/2025), made therefor, stands disposed of.

4. Present criminal revision is preferred for quashing the impugned judgment and order dated 24.01.2025(Annexure-1) passed in Criminal Appeal No.10/2024 by 1st Additional Sessions Judge, Roorkee, District Haridwar as well as judgment and order dated 17.01.2024 (Annexure-2) in Criminal Case No.1181/2021 and Criminal Case No.2320/2016, "Sanjeev Kumar Vaish Vs. Yuvraj Singh Rana" passed by Additional Chief Judicial Magistrate, Roorkee, District Haridwar convicting and sentencing the revisionist under Section 138 of the Negotiable Instrument Act to undergo one year simple imprisonment along with fine of ₹11,15,000/- and in default of payment of fine to further undergo three months additional simple imprisonment.

5. Learned counsel for the revisionist/convict would submit that judgment and orders of the Courts below suffer from perversity; that, the Courts below failed to appreciate that without proper pleading about the service, presumption cannot be drawn against the revisionist.

6. Admit the revision.

7. Heard on the bail application.

8. Learned counsel for the revisionist/convict would submit that the revisionist/convict has deposited entire amount in compliance of order dated 30.04.2025 passed by this Court; that, photocopy of the original receipt of the deposited amount has been placed on record; that, the revisionist /convict may be released on bail as the revision may take considerable time for its conclusion due to heavy pendency of cases.

9. Per contra, Counsel for the State opposed the bail application, however, submitted that if the revisionist /convict has deposited entire amount in compliance of order dated 30.04.2025 passed by this Court then bail application of the revisionist/convict may be considered.

10. 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.

11. 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 ₹20,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.

12. The amount deposited by the revisionist, shall be subject to final outcome of this revision.

13. Bail application stands disposed of accordingly.

14. List this case on 14.07.2025 for final hearing.

(Vivek Bharti Sharma, J.) 07.05.2025 SS