Unknown vs @ Shimbul" For The Offence Punishable ...
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Uttarakhand High Court

Unknown vs @ Shimbul" For The Offence Punishable ... on 12 November, 2025

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                                     CRLR No. 746 of 2025
                                     Hon'ble Ashish Naithani, J.

Ms. Sheetal Selwal, learned counsel for the Revisionist.

2. The present criminal revision under Section 438/442 of BNSS is moved on behalf of the Revisionist to set-aside the judgment and order dated 28.11.2024 passed by learned Additional Chief Judicial Magistrate, Nainital in Criminal Case No. 3147 of 2023, titled as "Vijay Singh Bisht vs. Mohd. Parvez @ Shimbul" for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, whereby the learned Additional Chief Judicial Magistrate, Nainital has convicted and sentenced the Revisionist under Section 138 of NI Act to undergo six months simple imprisonment and fine of Rs.5,55,000/- and in default of payment of fine the Revisionist has further been directed to undergo one month simple imprisonment and out of Rs.5,55,000/-, Rs. 5,50,000/- was paid to the Respondent and Rs.5000/- was deposited before the Government exchequer and the period of detention had already been served in jail shall be adjusted towards conviction, in league with judgment and order dated 27.10.2025 passed by 2nd Additional Sessions Judge, Nainital in Criminal Appeal No.01 of 2025, titled as "Modh. Parvez @ Shimbul vs. State & Anr.", whereby the learned appellate court has dismissed the criminal appeal preferred by the Revisionist and affirmed the judgment and order passed by the learned trial court dated 28.11.2024 and this Hon'ble Court may further be pleased to stay the realization of fine.

3. Heard.

4. Admit.

5. Issue notice to the Respondent, returnable within two weeks. Steps to be taken within one week.

6. Objections, if any, to be filed by the Respondent within a period of three weeks.

7. Exemption Application (IA No.01 of 2025) is filed by the Revisionist with prayer that the Revisionist be exempted from surrendering before the court below.

8. Learned counsel for the Revisionist makes a statement that the Revisionist is willing to pay an amount as this Hon'ble Court deems fit.

9. In view of the above, this Court is inclined to allow the Exemption Application.

10. Accordingly, the Exemption Application (IA No.01 of 2025) is hereby allowed, subject to the condition that an amount to the tune of `2,50,000/- be deposited before the trial court concerned, within a month.

11. List this matter on 02.01.2026.

(Ashish Naithani, J.) 12.11.2025 Akash