"Dharmendra Singh vs Sarvjeet Singh"
2025 Latest Caselaw 5456 UK

Uttarakhand High Court

"Dharmendra Singh vs Sarvjeet Singh" on 12 November, 2025

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                              CRLR No. 762 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Harsh Vardhan Dhanik, learned counsel for the Revisionist.

2. The present Criminal Revision under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been moved on behalf of the Revisionist seeking to set aside the judgment dated 07.10.2024, passed in Criminal Case No. 187 of 2019, "Dharmendra Singh vs. Sarvjeet Singh", by the learned Judicial Magistrate, Jaspur, Udham Singh Nagar, as well as the judgment dated 02.09.2025, passed by the learned Ist Additional District and Sessions Judge, Udham Singh Nagar, in Criminal Appeal No. 212 of 2024, "Sarvjeet vs. State of Uttarakhand and Another", under Section 138 of the Negotiable Instruments Act, 1881.

3. Heard.

4. Admit.

5. Issue notice to the Respondent.

6. Steps to be taken within one week.

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

8. Heard on the Exemption Application (I.A. No. 02 of 2025).

9. The Exemption Application has been filed by the Revisionist praying that he be exempted from surrendering, and that his bail application filed along with the present Revision under Section 430 of the BNSS be heard and considered without his surrender.

10. Learned counsel for the Revisionist submits that the Revisionist is willing to deposit half of the compensation amount within one month.

11. In view of the aforesaid submission, this Court is inclined to allow the Exemption Application.

12. Accordingly, the Exemption Application (I.A. No. 02 of 2025) is allowed, subject to the condition that half of the compensation amount shall be deposited before the concerned Trial Court within one month. In default of such deposit, the present order shall stand vacated automatically.

13. List this case on 02.01.2026.

(Ashish Naithani, J.) 12.11.2025 Shiksha