2025:UHC:9604 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.389 of 2022 30th October, 2025 Rajendra Singh Negi ……..Revisionist Versus State of Uttarakhand and another ……… Respondents ---------------------------------------------------------------------- Presence:- None is present for the revisionist. Mr. Dinesh Chauhan, learned AGA for the State. Mr. Yogesh Upadhyay, learned counsel for respondent no.2. ---------------------------------------------------------------------- Hon'ble Alok Mahra, J. This Criminal Revision has been filed challenging the judgment and order dated 20.05.2022 passed by the learned 1st Additional District and Sessions Judge, Kashipur, District Udham Singh Nagar, in Criminal Appeal No. 193 of 2021 ‘Rajindra Singh Negi vs. Karan Singh, whereby the appeal preferred by the appellant/accused was dismissed and the judgment and order dated 08.09.2021 passed by the learned Judicial Magistrate, Kashipur, District Udham Singh Nagar, in Criminal Case No. 5010 of 2017 was affirmed. By the said judgment, the revisionist was convicted under Section 138 of the Negotiable Instruments Act, 1881. 2025:UHC:9604 2 2. On the previous date, administrative notice was issued to the respondent. Despite service, none has appeared on behalf of the respondent. 3. According to the revision, respondent no. 2 had paid a sum of Rs. 6,40,000/- to the revisionist as advance consideration for the purchase of a piece of land. The revisionist, who is a property dealer, could not complete the transaction, and consequently, issued a cheque dated 15.06.2017 in favour of respondent no. 2. Upon presentation, the said cheque was dishonoured by the bank. Thereafter, proceedings under Section 138 of the N.I. Act were initiated against the revisionist. 4. After recording of evidence, the learned Judicial Magistrate convicted the revisionist and sentenced him to simple imprisonment for three months and imposed a fine of Rs. 6,40,000/-. The appeal preferred by the revisionist before the learned Sessions Court was dismissed, affirming the findings of the Trial Court. Hence, the present revision has been filed. 5. Learned counsel for the respondent submits that the Coordinate Bench of this Court, vide order dated 26.07.2022, directed that the revisionist be released on bail, subject to the condition of depositing the amount as 2025:UHC:9604 3 determined by the learned Judicial Magistrate, Kashipur, i.e., Rs.6,40,000/-, before the Registry of this Court. However, since the revisionist has already undergone and completed the sentence awarded to him, he has been released from jail. 6. Having heard learned counsel for the parties and perused the record, this Court does not find any illegality, perversity or irregularity in the findings recorded by the Courts below, which would warrant interference by this Court in exercise of revisional jurisdiction under Sections 397 read with Section 401 of the Code of Criminal Procedure. 7. It is also not disputed that the revisionist has already undergone the sentence awarded to him by the Trial Court and affirmed by the Appellate Court. Hence, nothing survives for adjudication in the present revision on the question of sentence. 8. In view of the above discussion, this Court finds no merit in the present revision. Accordingly, the Criminal Revision is dismissed. (Alok Mahra, J.) 30.10.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce86 40c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7 A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.10.31 17:25:51 +05'30'