Rakesh Jain vs Ganesh Purohit
2025 Latest Caselaw 41 Chatt

Chattisgarh High Court

Rakesh Jain vs Ganesh Purohit on 1 May, 2025

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             HIGH COURT OF CHHATTISGARH AT BILASPUR

                            CRR No. 452 of 2025

                 RAKESH JAIN versus GANESH PUROHIT

                                 Order Sheet



01/05/2025           Shri Avinash Chand Sahu, Advocate for the appli-
             cant.
                     Call for record of trial court as well as appellate court.
                     Heard on IA No.01/2025 which is an application for
             grant of interim relief.
                     When a specific query has been made to the counsel
             for the applicant, he would submit that applicant is not in jail
             and has not surrendered before the trial court even after
             passing of the judgment by the appellate court and he is still
             out of custody.
                     The applicant, who is an accused in the complaint
             case No.1778/2015 before the Judicial Magistrate First
             Class, Durg, has been convicted for the offence under
             Section 138 of Negotiable Instruments Act, 1881 and
             sentenced for SI for one year with compensation of
             Rs.90,000/-payable to the complainant vide its judgment
             dated 05.10.2023. The applicant had filed an appeal against
             the impugned judgment dated 05.10.2023 before the IVth
             Additional Sessions Judge, Durg vide Criminal Appeal
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No.298/2023. The said Criminal Appeal was decided on
22.03.2025 by the appellate court dismissing his appeal
which is under challenge in the present Criminal Revision.
      Section 434 of BNSS, 2023 provides finality of the
judgment and orders on appeal which reads as under:
      "434. Finality of judgment and orders on appeal-
      Judgments and orders passed by an Appellate Court
      upon an appeal shall be final, except in the cases
      provided for in section 418, section 419, Sub-Section
      (4) of section 425 or Chapter XXXII;
            Provided that notwithstanding the final disposal
      of an appeal against conviction in any case, the
      Appellate Court may hear and dispose of, on the
      merits.
         1.

an appeal against acquittal under section 419, arising out of the same case, or

2. an appeal for the enhancement of sentence under section 418, arising out of the same case."

Section 458(2) of BNSS, 2023 provides that when the accused was not present in the court when he is sentenced to imprisonment, the court shall issue a warrant for his arrest for the purpose of forwarding him to Jail to undergo his sentence, which reads as under:

"458. Execution of sentence of imprisonment-

xxxx (2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in Sub-Section (1), the Court shall issue a

warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest."

Further, Rule 113 of The High Court of Chhattisgarh Rules, 2007 provides as under :

"113. Revisions arising out of conviction and sentence of imprisonment shall be posted for admission only after the applicant has surrendered."

The present is a revision against conviction in which the applicant has been convicted by the trial court and his appeal has been dismissed, yet despite finality of the judgment of conviction in the appeal, neither the applicant has surrendered nor he has been sent in custody to undergo his sentence.

In view of above, IA No.01/2025 filed by the applicant is rejected.

The trial court is directed to proceed as per the provision of Section 458(2) of BNSS, 2023 and to take necessary steps in accordance with law without any further delay.

List this case in the week commencing 16 th June, 2025.

A copy of this order shall be forwarded to learned trial court for necessary compliance.

Sd/-

(Ravindra Kumar Agrawal) Judge Inder