CRLR/277/2020
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Uttarakhand High Court

CRLR/277/2020 on 11 September, 2025

                                                                  2025:UHC:8108
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                               CRLR No.277 of 2020
                               Hon'ble Alok Mahra, J.

There is no representation for the revisionist.

Mr. B.N. Molakhi, Deputy Advocate General for the State of Uttarakhand/ respondent no.1.

Mr. Jai Krishna Pandey, Advocate, holding brief of Mr. Piyush Garg, Advocate for the respondent no.2.

2. This Criminal Revision has been filed challenging the judgment & order dated 22.01.2020 passed by learned Additional Sessions Judge, Kotdwar, District Pauri Garhwal in Criminal Appeal No.130 of 2019 and Criminal Appeal No.103 of 2019. Revisionist has also challenged the order dated 26.08.2019 passed by learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No.174 of 2017.

3. Earlier a complaint was lodged against the revisionist by the respondent no.2 under Section 138 of the Negotiable Instrument Act. Thereafter, matter was investigated and learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal vide order dated 26.08.2019 convicted the revisionist under Section 138 of N.I. Act and directed him to undergo six months rigorous imprisonment with fine of ₹10,89,000/- and, in default of payment of fine, he was sentenced to undergo one month's additional simple imprisonment. Aggrieved by the said order, both the 2025:UHC:8108

revisionist as well as the complainant/ respondent no.2 preferred Criminal Appeal No.130 of 2019 and Criminal Appeal No.103 of 2019 respectively. Criminal Appeal No.130 of 2019 was dismissed while Criminal Appeal No.103 of 2019 was partially allowed and the revisionist was directed to pay fine of ₹12,94,800/- to the complainant/ respondent no.2 vide judgment & order dated 22.01.2020 passed by learned Additional Sessions Judge, Kotdwar. The revisionist by the present revision has challenged the judgment & order dated 22.01.2020 passed in Criminal Appeal No.130 of 2019 in the present revision.

4. After hearing the leaned counsel for the parties and after perusing the record, it is established by documentary evidence that the revisionist has paid the consideration of sale deed by the cheques, which were dishonoured, thus, the ingredients of Section 138 of N.I. Act are fully made out against the revisionist. This Court does not find any infirmity in the impugned judgment & order dated 22.01.2020 passed in Criminal Appeal No.130 of 2019, therefore, the Criminal Revision is dismissed.

(Alok Mahra, J.) 11.09.2025 Arpan

ARPAN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001,

JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.09.12 17:00:54 +05'30'