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2026 DAILYLAW 6975 (UTT)

JAGDISH KARKI v. STATE OF UTTARAKHAND

CRLR/67/2020 · 2026-06-12

Alok Mahra

body2026

Judgment text

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2026:UHC:4763 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CRLR/69/2020 With CRLR/67/2020 CRLR/68/2020 Hon’ble Alok Mahra, J. No representation for the revisionist, though called twice. 2. Mr. Dinesh Chauhan, learned A.G.A. for the State. 3. Mr. Veer Kunwar Singh, learnd counsel for respondent no.2 through Video Conferencing. 4. By means of the present criminal revisions, the revisionists have challenged the judgment and order dated 30.11.2019 passed by the learned Additional Sessions Judge, Bageshwar, affirming the judgment and order of conviction and sentence dated 25.07.2019 passed by the learned Judicial Magistrate, Bageshwar under Section 138 of the Negotiable Instruments Act, 1881. 5. Since all the criminal revisions arise out of the same complaint case, involve identical parties and raise common questions of fact and law, they were heard together and are being decided by this common 2026:UHC:4763 judgment. 6. The brief facts of the case are that the respondent no.2/complainant instituted a complaint under Section 138 of the Negotiable Instruments Act alleging that the revisionists had issued certain cheques towards discharge of their legally enforceable liability. Upon presentation, the said cheques were dishonoured. Thereafter, a statutory notice under Section 138 of the Negotiable Instruments Act was served upon the revisionists demanding payment of the cheque amount, but despite receipt of the notice, the revisionists failed to make payment within the stipulated period. Consequently, Complaint Case was instituted before the learned Judicial Magistrate, Bageshwar. Upon appreciation of the evidence on record, the learned Magistrate convicted and sentenced the revisionists under Section 138 of the Negotiable Instruments Act vide judgment and order dated 25.07.2019. Aggrieved thereby, the revisionists preferred Criminal Appeal, which also came to be dismissed by the learned Additional Sessions Judge, Bageshwar vide judgment and order dated 2026:UHC:4763 30.11.2019. 7. A perusal of the order-sheet of the present revisions reveals that the revisionists had given an undertaking before this Court to liquidate the outstanding amount in four instalments. On 24.07.2025, learned counsel appearing for the revisionists submitted that the first instalment of ₹5,00,000/- would be deposited on or before 15.10.2025 and that an affidavit disclosing such compliance would also be filed before this Court. 8. The report submitted by the Registry indicates that no such affidavit has been filed by the revisionists. Learned counsel for respondent no.2 has further submitted that the revisionists have failed to comply with the undertaking furnished before this Court and have not paid any amount whatsoever to respondent no.2. 9. Today, none appears on behalf of the revisionists. 10. Having heard learned counsel for respondent no.2, perused the material available on record and considered the concurrent findings recorded by the courts below, this Court does not find any jurisdictional error, illegality, perversity or material 2026:UHC:4763 irregularity in the impugned judgments warranting interference in exercise of revisional jurisdiction. 11. The revisionists have not only failed to demonstrate any infirmity in the judgments of the courts below but have also failed to comply with the undertaking given before this Court regarding payment of the cheque amount. 12. Accordingly, all the criminal revisions fail and are hereby dismissed. The judgments and orders dated 25.07.2019 passed by the learned Judicial Magistrate, Bageshwar and dated 30.11.2019 passed by the learned Additional Sessions Judge, Bageshwar are affirmed. 13. No order as to costs. (Alok Mahra, J.) 11.06.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46 f244f3e584af1449e430ef90 0bf09a6d67ebbd64267132 9b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8 dd004ef0, cn=MAMTA RANI Date: 2026.06.16 18:05:57 +05'30'