High CourtsSingle Bench(2023) 08 UK CK 0055

Lalit Singh Negi vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 8 August 2023

HON’BLE JUDGES
Alok Kumar Verma, J
CASE NUMBER
Criminial Revision No. 488 Of 2022 & Criminial Revision No. 489 Of 2022

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Judgment

11 paragraphs · 243 words

Alok Kumar Verma, J

1.

Proposed Revision has been filed challenging the judgment dated 17.04.2021, passed by learned Additional Sessions Judge, Ramnagar, District Nainital in Criminal Appeal No.171 of 2019, by which the Appeal, filed against the judgment dated 13.11.2019, passed by learned Judicial Magistrate/Civil Judge (Junior Division), Ramnagar, District Nainital in Complaint Case No.680 of 2015, by which, revisionist-accused Lalit Singh Negi was convicted and sentenced to undergo imprisonment for a period of six month along with a fine of Rs. 3,30,000/- for the offence under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.

2.

Mr. Lokendra Dobhal, Advocate, contended that the impugned cheque was not issued for any legally enforceable debt. Therefore, there are substantial doubt about the conviction.

3.

Admit.

4.

Issue notice to the respondent no.2.

5.

Steps to be taken within a week.

6.

List on 28.11.2023.

7.

Heard on the Bail Application (IA No. 02 of 2022).

8.

Mr. Lokendra Dobhal, Advocate, has submitted that the revisionist, who is in judicial custody since 01.08.2022, was on bail during the trial and appeal, and, the conditions of bail were never misused by him.

9.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist Lalit Singh Negi.

10.

Let the revisionist be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of Trial Court.s