CRLR/327/2025
2025 Latest Caselaw 4041 UK

Citation : 2025 Latest Caselaw 4041 UK
Judgement Date : 2 September, 2025

Uttarakhand High Court

CRLR/327/2025 on 2 September, 2025

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                        COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 CRLR No. 327 of 2025
                                 Hon'ble Ashish Naithani, J.

Mr. Navneet Kaushik, learned counsel for the revisionist.

2. Mr. N. S. Kanyal, learned A.G.A. assisted by Mr. Prabhat Kandpal, 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/quash the impugned judgment and order dated 02.05.2025 passed by learned Sessions Judge, District Pithoragarh in Criminal Appeal No.07 of 2025, titled as "Mahesh Chaudhary vs. State of Uttarakhand and Another", and impugned judgment and order dated 27.01.2025 passed by learned Civil Judge (Sr. Division)/Judicial Magistrate, Pithoragarh in Criminal Complaint Case No. 50 of 2022 (Old No. 1456 of 2021) titled as "Rajendra Prasad vs. Mahesh Chaudhary", by which the learned court below have convicted the revisionist under Section 138 of the Negotiable Instruments Act and sentenced him with an imprisonment of one year and further has directed the revisionist to pay sum of Rs. 3,80,000/- as compensation to respondent no.2 and to 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 Respondents within a period of three weeks.

8. List this matter on 14.10.2025.

9. Till the next date of listing, the effect and operation of the impugned judgment and order dated 02.05.2025 passed by learned Sessions Judge, District Pithoragarh in Criminal Appeal No.07 of 2025, titled as "Mahesh Chaudhary vs. State of Uttarakhand and Another", and impugned judgment and order dated 27.01.2025 passed by learned Civil Judge (Sr. Division)/Judicial Magistrate, Pithoragarh in Criminal Complaint Case No. 50 of 2022 (Old No. 1456 of 2021) titled as "Rajendra Prasad vs. Mahesh Chaudhary", shall remain stayed.

10. Stay Application (IA No.2 of 2025) stands disposed of.

(Ashish Naithani, J.) 02.09.2025 Akash