Uttarakhand High Court
CRLR/515/2023 on 28 July, 2023
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
28TH JULY, 2023
CRIMINAL REVISION NO. 515 of 2023
Between:
Puran Mall .....Revisionist
and
State of Uttarakhand and Another ...Respondents
Counsel for the Revisionist : Mr. B.M. Pingal, Advocate.
Counsel for the State : Mrs. Manisha Rana Singh, AGA.
Hon'ble Alok Kumar Verma,J.
Proposed revisionist was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.8,10,000/-. Against the said judgment dated 28.02.2023, passed by learned Judicial Magistrate, Lansdown, District Pauri Garhwal, an Appeal (Criminal Appeal No.13 of 2023) was filed. The said Appeal has been dismissed vide judgment dated 11.07.2023, passed by learned Sessions Judge, Pauri Garhwal.
2. Heard Mr. B.M. Pingal, learned counsel for the revisionist and Mrs. Manisha Rana Singh, learned AGA for the State.
3. Learned counsel for the revisionist contended that the impugned cheque was not issued for any legally enforceable debt.
4. Admit.
5. Issue notice to the respondent no.2. Steps to be taken within a week.
6. List on 22.11.2023.
7. Mr. B.M. Pingal, Advocate, has submitted that the revisionist was on bail during the trial and appeal, and, the conditions of bail were neither violated nor misused by him.
28. Having considered the submissions of learned counsel for the revisionist and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.
9. The Bail Application (IA No.01 of 2023) is allowed.
10. Let the revisionist - Puran Mall be released on bail on his executing a personal bond and furnishing one reliable surety, in the like amount, to the satisfaction of the Court concerned.
___________________ ALOK KUMAR VERMA, J.
Dated 28.07.2023 Pant/