Babulal vs Gopal
2021 Latest Caselaw 6693 MP

                                    1                              CRR-2516-2021
          The High Court Of Madhya Pradesh
                     CRR-2516-2021
                                 (BABULAL Vs GOPAL)




Indore, Dated : 22-10-2021
       Ms.Namita Chandwani, learned counsel for the applicant.
       Shri Vishal Patel, learned counsel for the Respondent.

The respondent/complainant has filed an application (I.A. No.27467/2021) u/s. 147 of the Negotiable Instruments Act read with Section 320 of the Cr.P.C. for compounding the offence.

Vide judgment dated 08.3.2021 passed by Judicial Magistrate, First Class, Ujjain in Case No.416/2017, the applicant/accused has been convicted u/s. 138 of the Negotiable Instruments Act and sentenced to undergo 6 months' SI with compensation of Rs.1,76,800/-. Thereafter, he preferred an appeal which has been dismissed vide judgment dated 28.9.2021 passed by Ist A.S.J, Ujjain, hence the present revision before this Court.

The applicant after his 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)
      Digitally signed by HARI                                   JUDGE
      KUMAR C G NAIR
      Date: 2021.10.22
hk/
      17:45:29 +05'30'