Smt. Varsha Batham vs Ramesh Babu Vishwakarma
2023 Latest Caselaw 1882 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                               ON THE 2 nd OF FEBRUARY, 2023
                                          CRIMINAL REVISION No. 3325 of 2022

                          BETWEEN:-
                          SMT. VARSHA BATHAM W/O JEEVANLAL, AGED ABOUT
                          45 YEARS, OCCUPATION: HOUSE WIFE H.NO.7, GALI
                          NO.2 BHOIPURA MANDIR KE PASS BHOIPURA
                          BHUDHWARA DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI ANIL NAMDEO - ADVOCATE )

                          AND
                          RAMESH BABU VISHWAKARMA S/O LATE DAULATRAM
                          VISHWAKARMA, AGED ABOUT 51 YEARS, PLOT NO. 411,
                          HOUSING BOARD COLONY NARIYALKHEDA BHOPAL
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (NONE )

                                T h is revision coming on for orders this day, t h e cou rt passed the
                          following:
                                                              ORDER

This revision has been filed assailing the appeal judgment dated 22.7.2022 passed by 22nd ASJ Bhopal, whereby criminal appeal preferred against the judgment dated 1.10.2018 passed by Smt. Noushin Khan, JMFC, Bhopal convicting the applicant for commission of offence under Section 138 of Negotiable Instruments Act and grant of compensation amount of Rs.5,08,000/- has been affirmed.

On a perusal of revision memo, it is apparent that applicant is not in jail. As per Chapter 10 Rule 48 of the High Court of Madhya Pradesh Rules, 2008, Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/3/2023 11:19:12 AM

a revision is not maintainable where applicant is not in jail. Therefore, this criminal revision being not maintainable is dismissed.

However, it is made clear that after surrender of the applicant before the trial court for undergoing jail sentence, applicant shall be at liberty to file fresh revision.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/3/2023 11:19:12 AM