Harishanker Sahu vs Prabhat Chandra Dubey
2022 Latest Caselaw 4592 MP

                                                             1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                     ON THE 31st OF MARCH, 2022

                                          CRIMINAL REVISION No. 1197 of 2019

                               Between:-
                               HARISHANKER SAHU S/O DHANIRAM SAHU ,
                               AGED ABOUT 40 YEARS, SARASWATI NAGAR
                               RASULIYA HOSHANGABAD TAHSIL AND DISTT.
                               HOSHANGABAD (MADHYA PRADESH)

                                                                                           .....PETITIONER
                               (BY SHRI B K UPADHYAY, ADVOCATE )

                               AND

                               PRABHAT CHANDRA DUBEY S/O LATE MATHURA
                               PRASAD , AGED ABOUT 63 YEARS, PRATAP NAGAR
                               RASULIYA HOSHANGABAD TEHSIL AND DISTT.
                               HOSHANGABAD (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                               (BY SHRI SANTOSH KUMAR YADAV, ADVOCATE )

                            T h is revision coming on for hearing this day, the court passed the
                      following:
                                                              ORDER

This petition is against conviction of the petitioner under Section 138 of the

Negotiable Instruments Act, 1881 recorded by Judicial Magistrate First Class, Hoshangabad vide judgment dated 11.07.2017 in Cri. Case No.322/2016 and affirmed by Third Additional Sessions Judge, Hoshangabad vide judgment dated 27.07.2018 in Cri. Appeal No.96/2017. But, the petitioner has not surrendered before the Court.

In view of Rule 48 of Chapter 10 of the High Court of Madhya Pradesh Rules, 2008, the present petition is not maintainable.

The ld. counsel for the petitioner repeatedly insisted upon to grant him time to settle the dispute with the complainant but this petition has been filed in the year 2019 and even after seeking time earlier, neither he appeared before the Court nor before the Registrar for verification of the settlement. Thus, the conduct of the Signature SAN Not petitioner is not bona fide.

Verified

Digitally signed by Therefore, his prayer is declined. VINOD VISHWAKARMA Date: 2022.04.04 14:27:14 IST

The petition is dismissed as not maintainable.

(VIRENDER SINGH) JUDGE vinod