Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1519 SL. No. Dat e Office 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/ 1 1 5 / 2 0 2 6 Hon 'ble Rak esh Th apliyal, J.
1. Mr. Jayveer Singh Bhandari and Mr. Neeraj Sharma, learned counsel for the revisionist. 2. Ms. Sweta Dobhal, learned Brief Holder for the State. 3. Mr. Saurabh Kumar Pandey, learned counsel for the respondent. 4. The instant criminal revision has been preferred by the revisionist Sukhdev Singh against the order dated 01.12.2025 passed by Addl. Sessions Judge, Ramnagar, District Nainital in Criminal Appeal No. 23 of 2025 whereby the revisionist was directed to deposit 10% of the cheque amount, i.e., Rs. 1 lakh. 5. It is argued by the learned counsel for the revisionist that as per the report of the Tehsildar the annual income of the revisionist is Rs. 48,000/ -, and, as such, he is not in a position to deposit the amount. In support of his arguments he placed reliance on the judgment of the Hon’ble Apex Court in the case of Jamboo Bhandari vs. M.P. State Industrial Development Corporation Ltd. And Ors., i.e., Criminal Appeal Nos. 2741 of 2023 decided on 04.09.2023 wherein it has been held that the requirement of deposit of statutory amount may be dispensed with in exceptional cases. 6. Admittedly, as per the report of the Tehsildar annual income of the revisionist is Rs. 48,000/ -, then in such an eventuality the direction to deposit 10% of the cheque amount appears to be harsh in nature, and, therefore, pre-condition of the deposit can be dispensed with at this stage. 7. Mr. S.K. Pandey, learned counsel who appears for the complainant submits that
2026:UHC:1519 let this amount which was ordered to be deposited be waived of but the Appellate Court may be directed to expedite the appeal as early as possible, since, the complaint was filed in the year 2016. 8. In such view of the matter, the instant criminal revision is disposed of by setting aside the order passed by the Addl. Sessions Judge, Ramnagar, District Nainital dated 01.12.2025 only to the extent whereby the revisionist was directed to deposit 10% of the cheque amount.
The direction to deposit the 10% of the cheque amount is now dispensed with. The Appellate Court is directed to expedite the Criminal Appeal No. 23 of 2025 as early as possible but not later than six weeks from today. 9. Pending application(s), if any, also stands disposed of. ( Rak esh Th apliy al, J.)
1 0 .0 3 .2 0 2 6 Parul
2026:UHC:1519