CRLR/773/2025
2025 Latest Caselaw 5542 UK

Uttarakhand High Court

CRLR/773/2025 on 17 November, 2025

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                               IA No.1/2025 (Exemption Application)
                               With
                               CRLR No.773 of 2025
                               Hon'ble Ashish Naithani, J.

Mr. Amit Kapri, learned counsel for the Revisionist.

2. Mr. G.C. Joshi, learned AGA with Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand/1.

3. Proposed Revisionist was convicted under Section 138 of Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.7,00,000/- vide judgment dated 06.09.2024, passed by the court of learned Chief Judicial Magistrate, District Pithoragarh. An appeal (Criminal Appeal No.82 of 2024) was filed by the Revisionist. The said appeal has been dismissed vide judgment dated 08.10.2025, passed by the court of learned Sessions Judge, Pithoragarh, District Pithoragarh. Hence, the present criminal revision.

4. Heard learned counsel for the parties on the Exemption Application.

5. Admit.

6. Exemption application has been filed by the Revisionist with a prayer to exempt him to surrender before the court below.

7. Considering the overall facts and circumstances of the case, exemption application is allowed subject to the condition that the Revisionist shall deposit 30% of the penalty amount with the court concerned within a period of six weeks from today.

8. Issue notice to the Respondent No.2. Steps to be taken within a week. Counter affidavit to be filed within a period of three weeks.

9. List this matter on 06.01.2026.

(Ashish Naithani, J.) 17.11.2025 Nitesh/