Uttarakhand High Court

CRLR/306/2025 on 23 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                    Office Notes, reports,
                   orders or proceedings or
SL.
No.
         Date           directions and                               COURT'S OR JUDGE'S ORDERS
                    Registrar's order with
                          Signatures
      23.05.2025                              CRLR No. 306 of 2025

                                              Hon'ble Vivek Bharti Sharma, J.

Ms. Deepshri Bora, learned counsel for the revisionist.

2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Akshay Latwal, learned A.G.A. for the State.

3. This revision petition has been filed against the judgment and order dated 06.08.2019 passed by the learned Additional Chief Judicial Magistrate/Civil Judge (Senior Division) Kashipur, District Udham Singh Nagar in Criminal Case No. 1163 of 2018, whereby the revisionist has been convicted under Section 138 of the Negotiable Instruments Act 1881 as well as the judgment and order dated 30.04.2025 passed by the learned 2nd Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No. 264 of 2019, whereby the appellate court dismissed the appeal and affirmed the judgment and order dated 06.08.2019.

4. Issue notice to respondent through ordinary process and registered post acknowledgment due as well as through e-mail and whatsapp, if available.

5. Steps to be taken within three weeks.

6. Learned counsel for the revisionist/applicant would submit that an application i.e. I.A. No. 1/2025 is filed by the revisionist/applicant with the prayer that he may be exempted from surrendering before the court below in the aforesaid criminal complaint case.

7. For the reasons stated, the exemption application is allowed. Till the next date of listing, the revisionist/applicant is exempted from surrendering pursuant to aforesaid case subject to the condition that the revisionist/applicant shall deposit the entire amount of the fine by way of demand draft with the trial court within ten days from today. If the revisionist fails to do so, the trial court to do needful as per law.

8. List this case on 18.07.2025.

9. Let copy of this order be sent to trial court for needful.

(Vivek Bharti Sharma, J.) 23.05.2025 Mamta