Jeevan Lal vs Surendra Sahni & Ors.
2023 Latest Caselaw 6673 MP

                                                                1
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 25 th OF APRIL, 2023
                                              CRIMINAL REVISION No. 868 of 2005

                            BETWEEN:-
                            JEEVAN LAL S/O BHUJBAL SINGH JAIN , AGED ABOUT
                            65 YEARS, OCCUPATION: RANAUD, TEH. KOLARAS,
                            DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                            .....PETITIONER
                            (BY SHRI ASHOK JAIN - ADVOCATE)

                            AND
                            1.    SURENDRA     SAHNISARDAR    SINGH   SAHNI
                                  OCCUPATION: PROP.MODERN AGRO AGENCY,
                                  A.B.ROAD, SHIVPURI (MADHYA PRADESH)

                            2.    STATE OF M.P. (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                            (BY SHRI PRASUM KUMAR MAHESHWRI, LEARNED COUNSEL FOR THE
                            RESPONDENT)

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

This criminal revision has been preferred by the petitioner under Section 397(2), 401 of Cr.P.C. being aggrieved by the order dated 22.11.2005 passed by Additional Sessions Judge, District- Shivpuri (M.P.) in Criminal Appeal No.248/2005 confirming the order dated 28.05.2005 passed in criminal case No.231/2005 by JMFC, District Shivpuri convicting the appellant and sentence to suffer RI for one year with the fine of Rs. 3 lacs.

The sole ground raised by learned counsel for petitioner is that at the time Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/27/2023 10:19:14 AM

of passing the judgment, learned JMFC, Shivpuri has imposed fine of Rs. 3 lacs along with RI for one year, but as per provision of Section 29(2) of Cr.P.C., JMFC was not empowered to impose fine amount more than Rs.10,000/-. In support of his contention, learned counsel for the petitioner has drawn the attention of this Court on a judgment of the Apex Court in the case of Pankajbhai Nagjibhai Patel v. State of Gujarat and another, AIR 2001 SCC 567.

Looking to the aforesaid facts and circumstances of the case, the matter is remanded back, the impugned order dated 22.11.2005 passed by the ASJ, Shivpuri in Criminal Appeal No.248/2005 is set aside a n d the matter is

remanded back to the concerned trial Court to decide afresh in accordance with law.

Accordingly, this revisions stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/27/2023 10:19:14 AM