Bhuwan Chand Sharma vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Revisionist-accused Bhuwan Chand Sharma was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs. 3,35,000/- under Section 138 of the Negotiable Instruments Act, 1881.

Revisionist had filed an Appeal (Criminal Appeal No.23 of 2023) against the said judgment dated 27.03.2023, passed by learned Judicial Magistrate, Civil Judge, Pithoragarh in Criminal Complaint No.131 of 2022 (Old No.244 of 2019). The said Appeal has been dismissed vide judgment dated 01.11.2023, passed by learned Sessions Judge, Pithoragarh.

Mr. Sandeep Kothari, Advocate, contended that the revisionist has established his case that there existed no debt or liability at the time of issuance of the impugned cheque.

Admit.

Issue notice to respondent no.2.

Steps to be taken within 24 hrs.

List on 04.01.2024.

Heard on the Bail Application (IA No. 01 of 2023).

Mr. Sandeep Kothari, Advocate, submitted that the revisionist is in judicial custody since 01.11.2023. He was on bail during the trial and appeal, and, the conditions of bail were never misused by him.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist Bhuwan Chand Sharma.

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

Let a certified copy of this order be supplied to the learned counsel for revisionist, today itself, as per rules.