MOHAMMAD YUSUF Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Heard.

(2.) The accused petitioner filed this revision petition under Sections 397 read with 401 Crimial P.C. against the order dated 23.7.2010 passed by First Appellate Court in Criminal Appeal No.35/2010, whereby the conviction and sentence awarded by the Additional Chief Judicial Magistrate No.10, Jaipur City, in Criminal Complaint No.866/2006 for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, vide judgment dated 14.10.2009, was upheld and the appeal filed by the accused petitioner was dismissed.

(3.) Before proceeding to deal with the revision on merits, it is pertinent to mention that the petitioner did not surrender before the Appellate Court at the time of pronouncement of judgment. Even in the certificate filed under Rule 311(3) of the Rules of Rajasthan High Court, the fact with regard to non surrender of the accused is reflected.