KARAN SINGH Vs. PRERIT TIWARI

JUDGEMENT

(1.) Heard on admission as well as on I.A.No.5793/2024 filed for exempting the requirement of surrender of respondent.

(2.) This criminal revision under Sec. 397 read with Sec. 401 of Code of Criminal Procedure, 1973 (hereinafter referred as, 'Cr.P.C.') has been filed by the applicant against the order dtd. 08/02/2024 passed in Cr.A.No.186/2023 by III Additional Sessions Judge, Indore (M.P.) dismissing the appeal preferred against the order dtd. 29/04/2023 passed in Criminal Case No.3122843/2016 by Judicial Magistrate First Class, Indore, wherein the applicant was convicted for the offence under Sec. 138 of Negotiable Instruments Act, 1881 and sentenced to under go Rigorous Imprisonment of 01 years with compensation of Rs.68,52,302.00.

(3.) Learned counsel for the applicant submits that applicant himself presented bank statement to reflect that the applicant has deposited Rs.20,00,000.00 in the bank account of respondent No.2, which the Trial Court as well as Appellate Court have failed to appreciate and interpret the evidence in accordance with law. Both the Courts below have failed to consider the existence of legally recoverable debt or liability of Rs.34,26,151.00 in absence of positive evidence. He further submits that applicant is suffering from heart ailment and therefore, he is unable to surrender before the learned trial Court. Surrendering of the applicant before trial Court for entertaining the criminal revision is not mandatory. On these grounds, learned counsel prays for exemption from surrender and to admit the criminal revision.