Sushil Agarwal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed revisionist was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.3,00,000/- (three lakhs). Against the said judgment dated 12.01.2023, passed by Additional Chief Judicial Magistrate/ VIIIth Additional Senior Civil Judge, Dehradun in Complaint Case No.989 of 2020, an Appeal (Criminal Appeal No.37 of 2023) was filed. The said Appeal has been dismissed vide judgment dated 11.09.2023, passed by learned VIth Additional Sessions Judge, Dehradun.

Heard Mr. Abhishek Verma, learned counsel for the revisionist and Mr. M.A. Khan, learned AGA for the State.

Mr. Abhishek Verma, Advocate, contended that the impugned cheque was not issued to the complainant and the complainant has failed to prove that the said cheque was delivered to him for any legally enforceable debt.

Admit.

Issue notice to the respondent no.2 – complainant. Steps to be taken within a week.

List on 23.11.2023.

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

Mr. Abhishek Verma, 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.

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.

The Bail Application (IA No.01 of 2023) is allowed.

Let the revisionist – Sushil Agarwal be released on bail on his executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.