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High Court of Uttarakhand · body

2025 DAILYLAW 17219 (UTT)

BALDEV SINGH v. STATE OF UTTARAKHAND

CRLR/877/2025 · 2025-12-17

Ashish Naithani

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No . Da t e Of f ice Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS CRLR No.877 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Yogesh Pant, learned counsel for the Revisionist. 2. Mr. Vipul Painuly, learned AGA, for the State of Uttarakhand. 3. Proposed Revisionist was convicted under Section 138 of Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of seven months along with a fine of Rs.5,03,600/- vide judgment dated 29.11.2018, passed by the court of learned Addl. Civil Judge, (J.D.)/Judicial Magistrate, Khatima, District Udham Singh Nagar. An appeal (Criminal Appeal No.267 of 2018) was filed by the Revisionist. The said appeal has been dismissed vide judgment dated 25.02.2020, passed by the court of learned Additional Sessions Judge, Khatima, District Udham Singh Nagar. Hence, the present criminal revision. 4. The present matter is listed for disposal of the delay condonation application (IA No.1/2025) moved by the Revisionist. There is a delay of 2031 days’ in filing the present revision before this Court. 5. The grounds taken in the delay condonation application by the learned counsel for the Revisionist is that the orders passed by the learned courts below was never communicated to the Revisionist on time, and there is a lock down in the year 2020-2021 due to Covid-19 pandemic. He further submits that he obtained the certified copies of the orders through another learned counsel, which he engaged later. 6. In view of this Court there is a delay of more than five years, and the delay has not been satisfactorily explained by the learned counsel for the Revisionist. Therefore, the delay condonation application (IA No.1/2025) deserves to be dismissed. 7. In this view of the matter, delay condonation application (IA No.1/2025) is hereby dismissed. Accordingly, the criminal revision is also dismissed. ( Ash ish Nait h an i, J.) 1 7 .1 2 .2 0 2 5 Nitesh/