CRLR/736/2025
2025 Latest Caselaw 5494 UK

Citation : 2025 Latest Caselaw 5494 UK
Judgement Date : 13 November, 2025

Uttarakhand High Court

CRLR/736/2025 on 13 November, 2025

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                                     CRLR No. 736 of 2025
                                     Hon'ble Ashish Naithani, J.

Mr. Amit Kapri, learned counsel for the Revisionist.

2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. Vikash Uniyal, learned Brief Holder for the State.

3. 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 16.09.2025 passed by learned 2nd Additional Sessions Judge, Nainital in Criminal Appeal No.50 of 2021, titled as "Shiv Singh vs. Smt. Janki Negi, whereby the learned Appellate Court affirmed the judgment and order dated 28.09.2021 passed by learned Judicial Magistrate, Nainital in Criminal Case No.3343 of 2018, titled as "Smt. Janki Negi vs. Shiv Singh Nayal", convicting the Revisionist under Section 138 of the N.I. Act to undergo one year simple imprisonment with a fine of Rs.19,10,000/-, out of which, Rs. 19,05,000/- shall be paid to the complainant as compensation and rest amount shall be deposited in the government exchequer, and in default the Revisionist shall further undergo three years additional simple imprisonment and acquit the Revisionist.

4. Heard.

5. Admit.

6. Issue notice to the Respondent no.2, returnable within two weeks. Steps to be taken within one week.

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

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

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

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

11. Accordingly, the Exemption Application (IA No.01 of 2025) is hereby allowed, subject to the condition that an amount to the tune of `4,00,000/- be deposited before the trial court concerned, within a month.

12. List this matter on 03.01.2026.

(Ashish Naithani, J.) 13.11.2025 Akash