BACHE SINGH ADHIKARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision has been preferred by the revisionist questioning the judgment dated 07.11.2017 as passed by the Additional District and Session Judge, Ramnagar, District Nainital, in Criminal Appeal No. 28 of 2016 'Bache Singh vs. State and Another', whereby, the Appellate Court while dismissing the appeal has affirmed the judgment of the learned Trial Court dated 30.01.2016, whereby, the revisionist has been convicted for commission of the offence under Section 138 of the Negotiable Instruments Act and he has been directed to undergo one year rigorous imprisonment and a fine of Rs. 4,20,000/- has been imposed upon him.

(2.) When the impugned order was put to challenge before this Court in the revision the Coordinate Bench of this Court by an order dated 17.11.2017 has stayed the extension of warrants issued against the revisionist and simultaneously a direction was also issued by the subsequent order on 21.11.2017, directing the revisionist to deposit a sum of Rs. 1,80,000/- out of the total amount of penalty, which was imposed upon him and it is shown by the office report dated 22.11.2017,s that the draft for the said amount in compliance of the order dated 21.11.2017 has been deposited by the revisionist in the Registry.

(3.) In the subsequent proceedings, which was held before this Court, another statement was made by the revisionist, through his counsel, that apart from the deposit of Rs. 1,80,000/-, further a deposit of Rs. 63,000/- has been made by him in addition to the aforesaid amount. However, when the matter was taken up on 25.08.2019 learned counsel for the revisionist was unable to assist the court for the reason that the revisionist after getting the interim order on 17.11.2017 is not in contact with his counsel and due to which he was slightly incapacitated to argue the matter.