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Uttarakhand High Court

Lalit Verma vs State Of Uttarakhand & Another ... on 6 June, 2012

Author: U.C. Dhyani

Bench: U.C. Dhyani

   IN THE HIGH COURT OF UTTARAKHAND AT
                 NAINITAL

                Criminal Revision No. 97 of 2012


Lalit Verma                               ........... Revisionist
                             versus

State of Uttarakhand & another           .......Opposite parties

Mr. Santosh Kumar and Mohd. Umar, Advocates for the Revisionist.
Mr. Amit Kapri, Brief Holder for the State/respondent No. 1.



Hon'ble U.C. Dhyani, J. (Oral)

Heard.

This revision is directed against the judgment and order dated 05.05.2012 passed by learned Additional Sessions Judge / 2nd FTC, Haridwar in Criminal Appeal No. 73 of 2011 Lalit Verma vs. State of Uttarakhand & another whereby the said Court dismissed the appeal of accused- revisionist preferred against the judgment and order dated 24.03.2011 passed by Judicial Magistrate, Haridwar rendered in complaint case no. 703 of 2008 convicting the revisionist under Section 138 of Negotiable Instruments Act and sentencing him to undergo three months' simple imprisonment and fine of Rs. 1,20,000/-, in default of which he was required to undergo three months' further imprisonment.

Admit the revision.

Summon the lower court record.

It has been stated in para 2 of the affidavit accompanying the Bail Application that the revisionist 2 was on bail during trial as well as during pendency of the appeal and never misused the liberty of bail.

Having heard counsel for the revisionist and after going through the impugned judgment and order passed by the courts below, it is directed, as an interim measure, that the revisionist Lalit Verma be released on bail during pendency of this Revision on his executing a personal bond and furnishing two sureties, each of like amount, to the satisfaction of C.J.M., Haridwar, After hearing both the sides, it is also directed that the realization of fine as imposed by the learned trial court shall remain stayed provided the accused/ revisionist Lalit Verma deposits 1/2 of the amount of fine i.e. Rs. 60,000/- (Rs. sixty thousands only) before the court concerned.

(Bail Application No. 610 of 2012 stands disposed of).

(U.C. Dhyani, J.) Dt: 06.06.2012 Kaushal 3