NIRBHAY JAIN Vs. RAJKISHORE VYAS

JUDGEMENT

(1.) LEARNED Counsel for the applicant prays for sometime to produce the applicant before this Court. After perusal of the various order -sheets, it appears that the present revision was field in the year 2005 and it was observed that the applicant absconded after disposal of the appeal though jail sentence was directed against him. His application for suspension of sentence is still pending. So many warrants etc. were issued against the applicant but, continuously a report is received from the serving officer that the applicant left Tendukheda and he is residing at Jabalpur. Learned Counsel for the applicant could not produce the applicant before this Court in last 8 years and therefore, there will be no use, if some more time is given for production of the applicant Hence, prayer made by the learned Counsel for the applicant is not accepted.

(2.) SINCE , the appeal filed by the applicant was dismissed by the appellate Court and no order relating to suspension of sentence is passed by this Court therefore, it is the responsibility of the trial Court to get the sentence executed. It is apparent that in last 8 years, the question of admission was not considered by this Court. Since the applicant is represented therefore, it would be proper to consider that question.

(3.) THE applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentence with 6 months rigorous imprisonment vide judgment dated 20.2.2004 passed by the learned J.M.F.C., Patan in criminal case No. 760/2002, whereas criminal appeal No. 72/2004 was dismissed by 15th Additional Sessions Judge, Jabalpur vide judgment dated 23.3.2005.