CRLR/442/2025
2025 Latest Caselaw 5372 UK

Uttarakhand High Court

CRLR/442/2025 on 10 November, 2025

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 IA No.02 of 2025 (Bail Application)
                                 In
                                 CRLR No. 442 of 2025
                                 Hon'ble Ashish Naithani, J.

Mr. Tapan Singh, learned counsel for the Revisionist.

2. This criminal revision under Section 438/442 of BNSS, 2023 is filed by the Revisionist to quash the impugned judgment and order dated 12.01.2024 passed by learned Judicial Magistrate/3rd ACJ, Haridwar in Complaint Case No.826 of 2023, titled as "Akil vs. Deepak Purohit" and the impugned judgment and order dated 17.04.2025 passed by learned 4th Additional District & Session Judge, Haridwar in Criminal Appeal No.28 of 2024, titled as "Deepak Purohit vs. State of Uttarakhand & Anr" and further to reject the complaint filed by the Respondent under Section 138 of NI Act against the Revisionist and acquit the Revisionist for the charge of Section 138 of NI Act. Along with the present Revision, an application has been filed seeking suspension of Sentence.

Heard also on the Bail Application (IA No.02 of 2025)

3. Counsel for the Revisionist/applicant would submit that the Revisionist/applicant is the permanent resident of the address mentioned in the revision and there is no chance of his absconding; the Applicant is ready to furnish the surety on the satisfaction of the Court on releasing him on bail.

He would further submit that since the cheque in question was given by the Revisionist to the Respondent as surety and the Respondent did not complete the construction as per the terms of the agreements, therefore, the Respondent has no right to submit the cheque for encashment as there is no legally recoverable debt of the Respondent on the Revisionist.

4. Having considered the submissions of learned counsel for the Revisionist/applicant, the Application for suspension of sentence is hereby allowed as well as the Revisionist/applicant is admitted to bail on furnishing a personal bond and two reliable sureties, each of the like amount to the satisfaction of the court concerned.

5. Bail Application also stands allowed.

6. List this matter on 05.01.2026.

(Ashish Naithani, J.) 10.11.2025 Akash