Madhya Pradesh High Court
Tej Singh vs Registered Office Senapati Bapat Marfg ... on 11 September, 2017
CRR-2756-2016
(TEJ SINGH Vs REGISTERED OFFICE SENAPATI BAPAT MARFG LOWER PAREL MUMBAI)
11-09-2017
None for the applicant.
On 03.05.2017, 12.07.2017 & 11.08.2017 also none
present for the applicant.
This revision has been filed against the judgment dated
19.07.2016 passed by Third Additional Sessions Judge of
Ist Additional Sessions Judge Bhopal (M.P.) in Cri.Appeal
No.1003/2015, whereby he affirmed the judgment of
conviction and sentence dated 15.09.2015 passed by
JMFC, Bhopal (M.P.) in RT No.4030/2014, whereby he
found the applicant guilty under Section 138 of
Negotiable Instruments Act and awarded sentence of six
months RI and also directed the applicant to pay
compensation of Rs. 1,70,000/- to respondent and in
default one month further RI.
Applicant is absconding. 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.
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.
(RAJEEV KUMAR DUBEY) JUDGE VS