Rambabu Sharma vs M/S Inder Singh @ Sons
2023 Latest Caselaw 5731 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 10 th OF APRIL, 2023
                 CRIMINAL REVISION No. 412 of 2010

BETWEEN:-
RAMBABU SHARMA S/O S/O RAMSWAROOP SHARMA
OCCUPATION:                    AGRICULTURIST,R/O
VILL.M AHED A,TEH.R AUN D I S TT. B H I N D (MADHYA
PRADESH)

                                                             .....PETITIONER
(BY SHRI ARUN KUMAR PATERYA - ADVOCATE)

AND
M/S INDER SINGH @ SONSSITUATED NAUGAJA
ROAD,GWL,TH:PARTNER OCCUPATION: J.P.SINGH S/O
INDER         SINGH        R/O          INDER
BHAWAN,M.L.B.ROAD,GWALIOR (MADHYA PRADESH)

                                                           .....RESPONDENTS
(NONE PRESENT)

      Th is revision coming on for hearing this day, th e court passed the
following:
                                   ORDER

This criminal revision has been filed by the petitioner aggrieved by the judgment dated 11.5.2010 passed in Cr.A. No110/2008 by Third Additional Session Judge, Gwalior by which criminal appeal preferred by the petitioner against the judgment dated 20.05.2008 passed by Additional Judicial Magistrate Gwalior in Criminal Case No.15025/2006 has been confirmed and the petitioner has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to 6 months R.I with fine of Rs.90,000/-.

Having perused the record and gone through the impugned judgments

passed by the learned trial Court as well as Appellate Court, this Court is of the considered opinion that no illegality has been committed by the learned courts below in passing the impugned judgments.

The Apex Court in the case of Duli Chand Vs. Delhi Administration as reported in (1975) 4 SCC 649 has held that the jurisdiction of the High Court in a criminal revision is severely restricted and it cannot embark upon a re-appreciation of evidence. The said judgment has been followed by the Apex Court in the case of State of Maharashtra Vs. Jagmohan Singh Kuldip Singh Anand and Others as reported in (2004) 7 SCC 659.

In view of above, present criminal revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.04.12 11:22:16

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