Uttarakhand High Court

Unknown vs Safayat Hussain' For The Offence ... on 9 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
      09.05.2025                        IA No. 02 of 2025 (Bail Application)
                                        In
                                        CRLR No. 253 of 2025
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Piyush Shrivastav, learned counsel for the revisionist/convict.

2. This criminal revision is filed by the revisionist/convict for quashing/setting-aside the judgment /order dated 28.06.2024 passed by learned Judicial Magistrate/2nd Additional Civil Judge (Jr. Division), Kashipur, District Udham Singh Nagar in Criminal Case No. 366 of 2020 'Mohd. Bilal Saifi vs. Safayat Hussain' for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, whereby the court below has convicted and sentenced the revisionist/convict under Section 138 of Negotiable Instruments Act to undergo five months simple imprisonment along with fine of `5,40,000/- and in default of payment of fine, the revisionist/convict has further been directed to undergo three months additional simple imprisonment and the period of detention had already been served in jail be adjusted towards conviction, in league with judgment and order dated 12.12.2024 passed by the 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No. 67 of 2024 'Safayat Hussain vs. Mohd. Bilal Saifi', whereby the learned Appellate Court has dismissed the criminal appeal preferred by the revisionist.

4. Heard.

5. Issue notice to the respondent through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

6. Steps to be taken within two weeks.

Also heard on the Bail Application (IA No. 02 of 2025).

7. Counsel for the revisionist/convict would submit that the trial court and appellate court totally overlooked the aspect of the matter while passing the impugned judgments and orders; that, the court below convicted and sentenced the revisionist/convict under Section 138 of Negotiable Instruments Act to undergo five months simple imprisonment and he has already undergone more than three months.

8. Learned State counsel vehemently opposed the bail application, however, he admits that revisionist/convict has already undergone more than three months.

9. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the appellant/convict is admitted to bail on furnishing bail bond with two sureties in the amount of ₹30,000/- and personal bond of the like amount to the satisfaction of the Trial Court concerned.

10. Bail Application stands allowed.

11. List this matter on 30.07.2025 for hearing on the Delay Condonation Application (IA No. 01 of 2025).

(Vivek Bharti Sharma, J.) 09.05.2025 Akash