Mahaveer Prasad Gupta vs Rakesh Agarwal
2022 Latest Caselaw 7231 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 12th OF MAY, 2022

                 CRIMINAL REVISION NO.1660 OF 2022

       Between:-

       MAHAVEER PRASAD GUPTA S/O
       SHRI RAMJILAL, AGED-56 YEARS,
       OCCUPATION - BUSINESS, R/O
       NEAR JAISWAL DHARAMSALA,
       SHAKAR     COLONY,    POLICE
       STATION KOTWALI, DISTRICT
       SHIVPURI (MADHYA PRADESH)
                                                                ........APPLICANT

       (BY SHRI IMRAN KHAN - ADVOCATE)

       AND

       RAKESH AGARWAL S/O SHRI
       HARIVALLABH AGARWAL, AGED -
       22 YEARS, R/O 113 MAHAL
       COLONY, DISTRICT SHIVPURI
       (MADHYA PRADESH)

                                                             ........RESPONDENT

       (BY SHRI RAHUL BANSAL - ADVOCATE)

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       This revision coming on for hearing this day, the Court passed the
following:
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                                  ORDER

This criminal revision under Section 397/401 of Cr.P.C. has been filed against the judgment and sentence dated 28.4.2017 passed by 4 th Additional Sessions Judge, Shivpuri in Criminal Appeal No.115/2016 by which the judgment and sentence dated 16.2.2016 passed by JMFC, Shivpuri in Criminal Case No.1891/2015 was affirmed and the applicant was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo rigorous imprisonment of six months and a compensation of Rs.1,00,000/-, in default rigorous imprisonment for 60 days.

It appears that after dismissal of the appeal, the applicant filed Criminal Revision No.428/2017 without surrendering before the Trial Court. Accordingly, this Court by order dated 17.8.2017 dismissed the revision as not maintainable. Thereafter, it appears that the applicant was arrested and, accordingly, M.Cr.C.No.19011/2022 was filed for restoration of Criminal Revision No.428/2017 which was dismissed as not maintainable. M.Cr.C.No.19011/2022 was dismissed by order dated 25.4.2022 with liberty to the applicant to file a fresh criminal revision along with an application for condonation of delay and, accordingly, this revision has been filed.

Heard on I.A.No.7558/2022, an application under Section 5 of Limitation Act.

The application reads as under:-

"THE HON'BLE HIGH COURT OF MADHYA PRADESH BENTH AT GWALIOR Criminal Revision No.1660/2022

Petitioner -------------- Mahaveer Prasad Gutpa V/s Respondent ---------- Rakesh Agarwal "AN APPLICATION U/S 5 OF LIMITATION ACT

Humble petitioner respectfully submits as under:-

1. That, the petitioner stands convicted and sentenced u/s 138 of N.I. Act by judgment dated 16.02.2016 the same has been confirmed in appeal by the lower appellate court by judgment dated 28.04.2017. Against the judgment of conviction and sentence, appellant has filed present petition and he is hopeful of success before this Hon'ble Court.

2. That, earlier he had filed a criminal revision against judgment dated 28.04.2017 but the same was dismissed as not maintainable by order dated 11.08.2017 as the petitioner has not surrendered. Now the petitioner has surrendered and by order dated 25.04.2022 he has been given liberty to file fresh revision. The delay occurred in filing of present revision from the disposal of earlier revision may kindly be condoned as the offences is already compounded.

Prayer It is therefore humbly prayed this Hon'ble Court may kindly be pleased to allow this application and delay of 1736 days occurred in filing of criminal revision may kindly be condoned in the interest of justice.

Date: 02.05.2022 Humble Petitioner Mahaveer Prasad Through Counsel [Imran Khan] Advocate"

The applicant has not given any reason much-less a sufficient

reason for not surrendering before the Trial Court at the earliest. Thus, it is clear that after dismissal of his appeal, the applicant absconded and even during his abscondence, he filed criminal revision which was dismissed as not maintainable. The revision was dismissed by order dated 11.8.2017 and even then the applicant did not surrender and could be arrested only on 25.4.2022 i.e. after five long years.

In absence of any explanation in this regard, this Court is of the considered opinion that I.A.No.7558/2022 cannot be allowed.

Accordingly, I.A.No.7558/2022, an application for condonation of delay is hereby dismissed.

As a consequence thereof, the criminal revision filed by the applicant is also dismissed as barred by limitation.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.05.12 15:04:41 +05'30'