MAHENDRA PATEL Vs. SMT. RANJANA PANDEY

JUDGEMENT

(1.) On 16.05.2017, 11.07.2017, 09.08.2017, 04.10.2017, 10.11.2017 and 15.12.2017 also none appeared for the applicant. It appears from the record that applicant filed this revision without surrendering. This criminal revision has been filed under section 397/401 of Cr.P.C. against the judgment dated 19.04.2017 passed by Fifth Additional Sessions Judge, Katni in Cri.Appeal No.2700070/2016, whereby learned Additional Sessions Judge affirmed the judgment passed by JMFC, Katni dated 15.06.2016 in Criminal Case No.2812/2015, whereby learned JMFC found applicant guilty for the offence punishable under section 138 of the Negotiable Instruments Act and sentenced to undergo one year R.I. and also directed to pay compensation of Rs.n 1,20,000/- to the respondent under section 357(3) of Cr.P.C., 1973 and in default of depositing that amount he shall undergo further three months R.I.

(2.) 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 v. 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 v. State of M.P. passed in Cr.R.No.282/2015 order dated 8.9.2015 and in the case of Smt. Rupali v. 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.

(3.) Let copy of this order along with the record be sent to the trial Court for information and to serve the sentence by the applicant as awarded by the appellate Court.