MAJENDRA NARJARIYA Vs. SEVIYO JOSAF

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 01.09.2015 passed by First Additional Sessions Judge to the Second Additional Sessions Judge, Bhopal in Cri. Appeal No. 58/2014, arising out of judgment dated 18.12.2013 passed by Judicial Magistrate, First Class, Bhopal in Criminal Case No. 7926/2011, whereby learned trial Court found the applicant guilty for the offence punishable under section 138 of Negotiable Instruments Act and sentenced to suffer R.I. for one year and also directed to pay compensation of Rs. 2,00,000.00 to the respondent under section 357 (3) of Cr.P.C , 1973with default stipulation.

(2.) The applicant has filed this revision without surrendering. It appears from the record that this Court by order dated 12.09.2016 directed the applicant to surrender before the concerned court and to submit documentary evidence of surrender of the applicant but the applicant has still not complied with the order.

(3.) According to High Court of M.P. Rules Chapter 10 Rule 48 revision petition against conviction is tenable only if it contains the declaration to the effect that convicted person is in custody or surrendered after the conviction except the cases where sentence has been suspended by the Court below. While the applicant filed this criminal revision without surrendering himself and has not surrendered despite many opportunities. So this revision is not maintainable. The Co-ordinate Bench of this Court in the case of Deepak Sahu and others Vs. State of M.P., reported in 2012 (3) MPLJ 534 clearly held that revision against conviction - tenability-A revision petition against conviction is tenable only when it contains a declaration to the effect that the convicted person is in custody or has surrendered after the conviction except in cases where the sentence has been suspended by the Court below. This Court also in the case of Ramkishan Vs. State of M.P. passed in Cr.R.No. 282/2015 order dated 8.9.2015 and in the case of Smt. Rupali Vs. Sanjay Passed in Cr.R.No. 1162/2016 order dated 22-02-2017 took the same view. So, in the light of aforesaid decisions, the criminal revision filed by the accused/applicant being not maintainable, is hereby dismissed.