Uttarakhand High Court
Unknown vs State Of Uttarakhand And Another on 30 October, 2025
2025:UHC:9604
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.389 of 2022
30th October, 2025
Rajendra Singh Negi ........Revisionist
Versus
State of Uttarakhand and another ......... Respondents
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Presence:-
None is present for the revisionist.
Mr. Dinesh Chauhan, learned AGA for the State.
Mr. Yogesh Upadhyay, learned counsel for respondent no.2.
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Hon'ble Alok Mahra, J.
This Criminal Revision has been filed
challenging the judgment and order dated 20.05.2022
passed by the learned 1st Additional District and
Sessions Judge, Kashipur, District Udham Singh Nagar,
in Criminal Appeal No. 193 of 2021 'Rajindra Singh Negi
vs. Karan Singh, whereby the appeal preferred by the
appellant/accused was dismissed and the judgment and
order dated 08.09.2021 passed by the learned Judicial
Magistrate, Kashipur, District Udham Singh Nagar, in
Criminal Case No. 5010 of 2017 was affirmed. By the
said judgment, the revisionist was convicted under
Section 138 of the Negotiable Instruments Act, 1881.
2025:UHC:9604
2. On the previous date, administrative notice
was issued to the respondent. Despite service, none has
appeared on behalf of the respondent.
3. According to the revision, respondent no. 2
had paid a sum of Rs. 6,40,000/- to the revisionist as
advance consideration for the purchase of a piece of land.
The revisionist, who is a property dealer, could not
complete the transaction, and consequently, issued a
cheque dated 15.06.2017 in favour of respondent no. 2.
Upon presentation, the said cheque was dishonoured by
the bank. Thereafter, proceedings under Section 138 of
the N.I. Act were initiated against the revisionist.
4. After recording of evidence, the learned
Judicial Magistrate convicted the revisionist and
sentenced him to simple imprisonment for three months
and imposed a fine of Rs. 6,40,000/-. The appeal
preferred by the revisionist before the learned Sessions
Court was dismissed, affirming the findings of the Trial
Court. Hence, the present revision has been filed.
5. Learned counsel for the respondent submits
that the Coordinate Bench of this Court, vide order dated
26.07.2022, directed that the revisionist be released on
bail, subject to the condition of depositing the amount as
2025:UHC:9604
determined by the learned Judicial Magistrate, Kashipur,
i.e., Rs.6,40,000/-, before the Registry of this Court.
However, since the revisionist has already undergone and
completed the sentence awarded to him, he has been
released from jail.
6. Having heard learned counsel for the parties
and perused the record, this Court does not find any
illegality, perversity or irregularity in the findings
recorded by the Courts below, which would warrant
interference by this Court in exercise of revisional
jurisdiction under Sections 397 read with Section 401 of
the Code of Criminal Procedure.
7. It is also not disputed that the revisionist has
already undergone the sentence awarded to him by the
Trial Court and affirmed by the Appellate Court. Hence,
nothing survives for adjudication in the present revision
on the question of sentence.
8. In view of the above discussion, this Court
finds no merit in the present revision. Accordingly, the
Criminal Revision is dismissed.
(Alok Mahra, J.)
30.10.2025
BS
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
BALWANT SINGH
UTTARAKHAND,
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce86
40c5820, postalCode=263001, st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7
A13C14A680C3FA90, cn=BALWANT SINGH
Date: 2025.10.31 17:25:51 +05'30'
