Uttarakhand High Court

CRLR/196/2024 on 5 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
      05.05.2025                        CRLR No.196 of 2024
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Pawan Mishra, learned counsel for the revisionist.

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

3. Ms. Neeti Rana, learned counsel for respondent no.2.

4. Supplementary affidavit is taken on record. Misc. Application (IA/6/2025), made therefor, stands disposed of.

5. Present criminal revision is preferred against the judgment and order dated 22.02.2024 passed by First Additional Sessions Judge, Rishikesh, District Dehradun in Criminal Appeal No.41 of 2023, "Pradeep Kumar Gupta Vs. State of Uttarakhand & Others" whereby the learned appellate court has confirmed the judgment and order dated 14.07.2023 passed by Judicial Magistrate, Rishikesh, District Dehradun in Criminal Case No.666/2018, "Narendra Kumar Sehrawat Vs. Pradeep Kumar Gupta" U/s 138 of Negotiable Instruments Act whereby the revisionist was convicted and sentenced to undergo nine months of rigorous imprisonment along with fine of ₹3,80,000/- and in default of payment of fine to further undergo 15 days simple imprisonment.

6. Learned counsel for the revisionist/convict would submit that judgment and orders of conviction passed by the Courts below are illegal and improper and are against the evidence on records; that, the orders were passed on the basis of conjectures and surmises.

7. Admit the revision.

8. Heard on the bail application.

9. Learned counsel for the revisionist/convict would submit that he has deposited a bank draft of ₹3,04,000/- in the Trial Court an amount of ₹76,000/- was already paid at the time of appeal in the Appellate Court, cumulatively i.e. the amount of fine that has been deposited; that, he is ready to pay the further amount, as per judgment of the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663,; that, the respondent /complainant is ready to compound the offence; 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.

10. Per contra, Counsel for the State opposed the bail application, however, admitted that if the respondent /complainant is ready to compound the offence then bail application of the revisionist/convict may be considered.

11. Having considered the entirety of the facts and without expressing any final opinion on the merits of the case, the revisionist/convict is exempted from surrendering and 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 ₹50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.

13. Bail application stands disposed of accordingly.

14. List this case on 29.07.2025 for final hearing.

(Vivek Bharti Sharma, J.) 05.05.2025 SS