Lata vs Jagdish
2021 Latest Caselaw 6580 MP

                                   1                                 CRR-1529-2021
        The High Court Of Madhya Pradesh
                   CRR-1529-2021
                                (LATA Vs JAGDISH)

2
Indore, Dated : 20-10-2021
       Heard through Video Conferencing.
       Shri Anand Mohan Mathur, learned Sr. Advocate with Shri Manish
Kumar Sharma, Advocate for the applicant.
       Shri Ashay Jain, learned counsel for the respondent.

The respondent/complainant has filed an application (I.A.

No.22121/2021) u/s. 147 of the Negotiable Instruments Act read with Section 320 of the Cr.P.C. for compounding the offence.

Vide judgment dated 22.4.2017 passed by Judicial Magistrate, First Class, Jhabua in Claim Case No.354/2011, the applicant/accused has been convicted u/s. 138 of the Negotiable Instruments Act and sentenced to undergo one year RI with fine of Rs.7,00,000/-. Thereafter, she preferred an appeal which has been dismissed vide judgment dated 30.6.2021 passed by Special District & Sessions Judge, Jhabua, hence the present revision before this Court.

The applicant after her conviction has not surrendered before the trial Court, therefore, this revision is not maintainable in view of Rule 48 of Chapter X of High Court of M.P. Rules, 2008 and judgment passed by this Court in the case of Deepak Sahu & others V/s. State of M.P. reported in 2012(3) MPLJ 534. Since, at this stage, this revision itself is not maintainable, therefore, no order of compounding can be passed in this case.

Record of both courts below be requisitioned and list thereafter. In the interest of justice, liberty is given to the applicant to surrender before the trial Court.

(VIVEK RUSIA) JUDGE Alok Digitally signed by ALOK GARGAV Date: 2021.10.21 14:53:24 +05'30'