PHOOLE KHAN Vs. STATE

JUDGEMENT

(1.) Heard. The learned Munsif Magistrate, Ratangarh by his judgment and order dated 17.6.91 convicted the present petitioner and one Bharuram for offence under Section 420 I.P.C. and sentenced each of them to undergo 6 months' R.I. and a fine of Rs. 100/- in default to further undergo 15 days imprisonment. Aggrieved from the judgment and order passed by the learned Munsif Magistrate dated 17.6.91, the present accused petitioner preferred an appeal before the learned Addl. Sessions Judge, Ratangarh bearing Criminal Appeal No. 52/91 and the learned Additional Sessions Judge, Ratangarh by his order dated 29.6.98 dismissed the appeal filed by the petitioner for non-prosecution placing reliance on the case reported in AIR 1987 (SC) 1500, Ram Naresh Yadav v. State of of Bihar.

(2.) Aggrieved from the order dated 29.6.98, the petitioner has preferred the present revision petition.

(3.) The learned counsel for the petitioner has placed reliance on the case of Bani Singh v. State of U.P., reported in 1996 SCC (Cri.) 848.