Smt. Gomti Bai Gond vs Arvind Sen
2022 Latest Caselaw 4327 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. 2000 of 2021

                               Between:-
                               SMT. GOMTI BAI GOND W/O SHRI MALKHAN
                               SINGH, AGED ABOUT 66 YEARS, OCCUPATION:
                               NILL R/O WARD NO. 9, NEAR OF JANPAD
                               PANCHAYAT KHASRIYA ROAD, TENDUKHEDA,
                               DAMOH DISTT. DAMOH (MADHYA PRADESH)

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

                               AND

                               ARVIND SEN S/O BABULAL SEN, AGED ADULT R/O
                               MEHTA BAGEECHA DAMOH, DISTT. DAMOH, 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, Damoh, District- Damoh vide judgment dated 10.02.2020 delivered in Regular Criminal Trial

No.170/2018 and affirmed by 5th Additional Sessions Judge, Damoh, District- Damoh vide judgment dated 10.08.2021 delivered in Criminal Appeal No.14/2020.

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 applications, if any, stand closed.

Signature
 SAN      Not
Verified

Digitally signed by
ASHISH KUMAR
JAIN
Date: 2022.03.29
12:27:25 IST

             (VIRENDER SINGH)
                  JUDGE
@shish