Ghildiyal vs Sachin Kumar"
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Uttarakhand High Court

Ghildiyal vs Sachin Kumar" on 2 September, 2025

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                                     CRLR No. 555 of 2025
                                     Hon'ble Ashish Naithani, J.

Mr. Karan Anand, learned counsel holding brief of Mr. Narendra Bali, learned counsel for the revisionist.

2. The present criminal revision under Section 438/442 of BNSS is moved on behalf of the revisionist to set-aside the impugned judgment and order dated 03.02.2024 passed by learned Judicial Magistrate-1st, Haridwar in Complaint (Old) No.160/2016, Complaint (New) No.754 of 2022, titled as "Renu Ghildiyal vs. Sachin Kumar", for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, Police Station Ranipur, District Haridwar as well as the judgment and order dated 31.07.2025 passed by learned 2nd Additional Sessions Judge, Haridwar in Criminal Appeal No.47 of 2024, titled as "Sachin Kumar vs. State of Uttarakhand & Another".

3. Heard.

4. Admit.

5. Issue notice to the Respondent, returnable within two weeks. Steps to be taken within one week.

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

7. Exemption Application (IA No.02 of 2025) is filed by the revisionist with prayer that the revisionist be exempted from surrendering and his bail application filed along with the revision under Section 430 of BNSS may kindly be heard and considered without surrender of the revisionist.

8. Learned counsel for the revisionist makes a statement that the revisionist is willing to pay half of the compensation amount within two months.

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

10. Accordingly, the Exemption Application (IA No.02 of 2025) is hereby allowed, subject to the condition that half of the compensation amount be deposited before the trial court concerned, within two months.

Heard on the Bail Application (IA No.01 of 2025)

11. Counsel for the revisionist/applicant submits that the revisionist/applicant was on bail during pendency of trial as well as during pendency of appeal.

12. Learned State counsel vehemently opposed the bail application, however, admitted that the revisionist/convict was on bail during trial.

13. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the revisionist/applicant is admitted to bail on executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Trial Court concerned.

14. Bail Application stands allowed.

15. List this matter on 28.10.2025.

(Ashish Naithani, J.) 02.09.2025 Akash