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Uttarakhand High Court
CRLR/184/2021 on 23 January, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
CRLR No.184 of 2021
Hon'ble Alok Mahra, J.
Mr. G.D. Joshi and Mr. Pratul
Kumar, learned counsel for the
revisionist.
2. Mr. B.N. Molakhi, learned Deputy
A.G. along with Mr. Pratul Kumar,
learned Brief Holder for the State.
3. Mr. Bhuwan Bhatt, learned
counsel for respondent no.2.
4. Present criminal revision was
dismissed for non-prosecution vide
order dated 07.11.2025. Thereafter, the
revisionist has filed a Restoration
Application (MCRC No. 4 of 2026) along
with a Delay Condonation Application
(I.A. No. 5 of 2026), seeking
condonation of delay of 43 days in filing
the restoration application and for
restoration of the criminal revision to
its original number.
5. Learned State Counsel has raised
objections to both the delay
condonation application as well as the
restoration application.
6. Upon consideration, the objections
raised by the State are found to be
formal in nature.
7. Cause shown by the revisionist for
the delay appears to be sufficient and
bona fide.
8. Accordingly, the delay of 43 days
in filing the restoration application is
hereby condoned. The Delay
Condonation Application (I.A. No. 5 of
2026) is allowed.
9. For the reasons stated in the
restoration application, the same is also
allowed. The order dated 07.11.2025 is
hereby recalled.
10. Consequently, the criminal
revision is restored to its original
number.
11. The present criminal revision has
been filed against the judgment and
order dated 10.11.2020 passed by the
learned 1st Additional Sessions Judge,
Haldwani, District Nainital, in Criminal
Appeal No. 26 of 2020 (Jail Appeal),
whereby the revisionist was convicted
under Section 138 of the Negotiable
Instruments Act, 1881, and sentenced
to pay a fine of ₹12,90,000/-, with a
further direction to undergo simple
imprisonment for a period of 15 days.
12. Today, learned counsel for the
revisionist has handed over a bank
draft of ₹2,00,000/- to learned counsel
for respondent no. 2 towards partial
payment of the cheque amount.
13. Learned counsel for respondent
no. 2 submits that the total amount
payable pursuant to the conviction
under Section 138 of the Negotiable
Instruments Act is ₹12,90,000/-, out of
which, as of today, only a sum of
₹2,00,000/- has been received.
14. Learned counsel for the
revisionist submits that the revisionist
undertakes to pay the remaining
amount to respondent no. 2 within a
period of three months. It is further
submitted that the revisionist is
presently lodged in jail since
09.01.2026 due to non-payment of the
fine amount, and that he has also
remained in custody earlier in
connection with the same case.
15. In view of the aforesaid
submissions and the partial compliance
made by the revisionist, a prayer has
been made for release of the revisionist
on bail.
16. In view of the above, the revisionist
shall be released on bail on furnishing
a personal bond and two sureties in the
like amount to the satisfaction of the
court concerned, subject to the
condition that the revisionist is not
required to be detained in connection
with any other case.
17. List the criminal revision for
hearing in due course.
(Alok Mahra, J.)
Vacation Judge
23.01.2026
Mamta
