Pratap Singh vs Purushottam
2022 Latest Caselaw 4325 MP

                                                          1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                        BEFORE
                                         HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                 ON THE 28th OF MARCH, 2022

                                         CRIMINAL REVISION No. 367 of 2022

                               Between:-
                               PRATAP SINGH S/O SHRI KHYALIRAM, AGED
                               ABOUT 50 YEARS, OCCUPATION: LABOUR R/O
                               VILLAGE GARETHIYA DANGI, POST SONKACHHA,
                               TEHSIL BERASIYA, DISTT. BHOPAL (M.P.)
                               (MADHYA PRADESH)

                                                                                         .....PETITIONER
                               (NONE FOR THE PETITIONER )

                               AND

                               PURUSHOTTAM S/O LATE SHRI DAULATRAM R/O
                               WARD NO. 7, MILLAK MOHALLA, TEHSIL
                               BERASIYA, DISTT. BHOPAL (M.P.) (MADHYA
                               PRADESH)

                                                                                       .....RESPONDENT


                            T h i s revision petition coming on for orders on the question of
                      maintainability of the petition this day, the court passed the following:
                                                           ORDER

This revision petition under Section 397/401 of Cr.P.C. has been filed by the petitioner against the judgment of conviction under Section 138 of Negotiable Instrument Act recorded by Judicial Magistrate First Class, Berasiya, Bhopal, District-Bhopal vide judgment dated 13.08.2019 delivered in Criminal Case No.11/2015 and affirmed by Additional Sessions Judge, Berasiya, Bhopal District- Bhopal vide judgment dated 09.10.2021 delivered in Criminal Appeal No.40/2019.

It appears that even after maintaining his conviction by the Appellate Court, the petitioner has not surrendered, therefore, in view of Rule 48 of Chapter 10 of the High Court of Madhya Pradesh Rules, 2008, the present petition, which has been filed by the petitioner without surrendering after the conviction, is not maintainable and is dismissed accordingly.

Pending interim application, if any, stands closed.

Signature
 SAN      Not
Verified

Digitally signed by
ASHISH KUMAR
JAIN
Date: 2022.03.29
12:27:27 IST

             (VIRENDER SINGH)
                  JUDGE
@shish