CRLR/611/2025
2025 Latest Caselaw 4658 UK

Uttarakhand High Court

CRLR/611/2025 on 6 October, 2025

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                               IA No.2/2025 (Exemption Application)
                               With
                               CRLR No.611 of 2025
                               Hon'ble Ashish Naithani, J.

Mr. Pradeep Chamyal, learned counsel for the Revisionist.

2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1.

3. Proposed Revisionist was convicted under Section 138 of Negotiable Instruments Act, 1881 and was sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.2,50,000/- vide judgment dated 07.08.2023, passed by the court of learned Additional Chief Judicial Magistrate Khatima, District Udham Singh Nagar. An appeal (Criminal Appeal No.38 of 2023) was filed by the Revisionist. The said appeal has been dismissed vide judgment dated 19.08.2025, passed by the court of learned Additional Sessions Judge, Khatima, District Udham Singh Nagar. 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 an amount of Rs.50,000/- with the court concerned.

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 17.11.2025.

(Ashish Naithani, J.) 06.10.2025 Nitesh/