CRLR/927/2025
2026 Latest Caselaw 63 UK

Uttarakhand High Court

CRLR/927/2025 on 3 January, 2026

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                            CRLR No.927 of 2025

                            Hon'ble Ashish Naithani, J.

Mr. Pankaj Singh Chauhan, learned counsel for the Revisionist.

2. Proposed Revisionist was convicted under Section 138 of the Negotiable Instrument Act, and was sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs.6,00,000/- under Section 138 of Negotiable Instrument Act, vide judgment and order dated 16.12.2021, passed by the court of learned Judicial Magistrate, Nainital in Criminal Case No.2780 of 2018, "Punjab National Bank Vs. Shri Vinod Kumar". An appeal (Criminal Appeal No.05 of 2022) was filed by the Revisionist. The said appeal has been dismissed vide judgment and order dated 29.09.2025, passed by the court of learned 2nd Additional Session Judge, District Nainital. Hence, the present criminal revision.

3. Learned counsel for the Revisionist makes a submission that the present case relates to a loan being taken on behalf of the Revisionist from the Respondent Bank, and since he could not repay the loan, the proceedings under the Negotiable Instrument Act, went through.

4. Learned counsel for the Revisionist submits that during the pendency in the Appellate Court, a settlement was drawn between the parties i.e. Revisionist and the Bank, whereby the Revisionist in the Lok Adalat repaid the dues so posed against him. He further says that despite having settled the matter in the Lok Adalat, the Appellate Court passed a sentence of conviction against the Revisionist, and thus, the present revision.

5. There is a representation on behalf of the Respondent Bank through Sri Siddharth Jain, learned counsel, and the learned counsel makes a statement that since he has no instructions on behalf of the Respondent Bank, notices may kindly be issued.

6. Issue notice to the Respondent. Steps to be taken within a week. Counter affidavit to be filed within a period of three weeks.

7. List this matter on 20.03.2026.

8. Till the next date of listing, the effect and operation of the NBW dated 18.11.2025, issued by learned Judicial Magistrate (J.D.) Nainital against the Revisionist, kept in abeyance.

(Ashish Naithani, J.) 03.01.2026 Nitesh/