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2022 DIGILAW 385 (UTT)

Ranjeet Singh Sajwan v. State of Uttarakhand

2022-12-07

ALOK KUMAR VERMA

body2022
JUDGMENT Alok Kumar Verma, J. - The present proposed Revision has been filed challenging the concurrent findings of conviction and the sentence, imposed on the proposed revisionist-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'the Act'). 2. Heard Mr. Lokendra Dobhal, learned counsel for the revisionist and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State. 3. Mr. Lokendra Dobhal, learned counsel for the proposed revisionist, submitted that the case of the respondent no.2-complainant is that before filing the complaint, under Section 138 of the Act, a notice was sent by the complainant. The said notice was served upon the wife of the proposed revisionist-accused. The learned counsel for the revisionist submitted that the service of notice on the revisionist's wife cannot be treated as compliance with the mandate of law. In support of his submission, he has relied upon a judgment, passed by the Hon'ble Supreme Court in the case of 'M.D. Thomas vs.P.S. Jaleel and Another', (2009) 14 SCC 398 . 4. Admit. 5. Issue notice to the respondent no.2-complainant. Steps to be taken within a week. 6. Heard on the Bail Application (IA No.1 of 2022). 7. The learned counsel for the revisionist submitted that the revisionist was on bail during the trial and during the appeal, and, the conditions of the bail were neither misused nor violated by the revisionist. He further submitted that the revisionist has deposited a sum of Rs.60,000/- as compensation amount and Rs.10,000/-fine. 8. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist, namely, Ranjeet Singh Sajwan, provided he submits his personal bond and two reliable sureties, each in the like amount to the satisfaction of the court concerned. 9. List this case on 28.02.2023.