Vijay Katare vs Jain Trading Company
2022 Latest Caselaw 7234 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                         BEFORE
                                                          HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                                   ON THE 12th OF MAY, 2022

                                                         CRIMINAL REVISION No. 670 of 2022

                                                Between:-
                                                VIJAY KATARE S/O UKRUD JI KATARE, AGED
                                                ABOUT 35 YEARS, OCCUPATION: NIL, R/O
                                                VILLAGE BHAJIYAPAAR, POST KATRA, POLICE
                                                STATION AND TEHSIL KATANGI, DISTRICT
                                                BALAGHAT (MADHYA PRADESH)

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

                                                AND

                                                JAIN    TRADING     COMPANY,   THROUGH
                                                PROPRIETOR AJEET KUMAR JAIN, AGED
                                                ABOUT 48 YEARS S/O LATE SITARAM JAIN, R/O
                                                NEAR PUNJAB NATIONAL BANK, NEHRU ROAD,
                                                SEONI, POLICE STATION, TEHSIL & DISTRICT
                                                SEONI (MADHYA PRADESH)

                                                                                                     .....RESPONDENT


                                              This revision 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, Seoni, District-Seoni (M.P.) vide judgment dated 12.07.2018 delivered in Regular Criminal Trial No.1901041/2016 and affirmed by the Sessions Judge, Seoni, Signature Not Verified SAN

District-Seoni (M.P.) vide judgment dated 14.08.2018 delivered in Criminal Digitally signed by ASHISH KUMAR JAIN

Appeal No.50/2018.

Date: 2022.05.12 17:10:09 IST

On the last date of hearing, the counsel appeared on behalf of the petitioner sought time to argue on the question of maintainability of the petition, but today he chooses not to appear before the Court.

It appears that even after maintaining his conviction by the Appellate Court, the petitioner is absconding and has not surrendered before the trial Court.

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.

(VIRENDER SINGH) JUDGE @shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.05.12 17:10:09 IST