Gopilal vs Durga Engineeering Works ...
2023 Latest Caselaw 918 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 16 th OF JANUARY, 2023
                                           CRIMINAL REVISION No. 395 of 2010

                          BETWEEN:-
                          GOPILAL S/O BHAVSINGH , AGED ABOUT 65 YEARS,R/O
                          VILL    MANNUPURA, TEH. GYARASPUR, DISTT.
                          VIDISHA (MADHYA PRADESH)

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

                          AND
                          1.    DURGA ENGINEEERING WORKS PROPRIETOR
                                MISHRILAL RAGHUVANSHI S/O BALARAM JI
                                RAGHUVANSHI , AGED ABOUT 54 YEARS, R/O
                                HOSPITAL ROAD, DIST. VIDISHA (MADHYA
                                PRADESH)

                          2.    STATE OF M.P. POLICE             STATION   VIDISHA
                                (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI PAVAN SINGH RAGHUVANSHI, LEARNED COUNSEL FOR THE
                          RESPONDENT).

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

This criminal revision is pending since 2010. Despite revision is listed under the caption of direction matters, none appeared on behalf of petitioner.

Perused the record.

Petitioner has preferred this revision on the ground that complainant took signature on a black cheque and thereafter, filled amount. He is 70 years old

Signature Not Verified person. Trial Court as well as Appellate Court have not considered his defence. Signed by: MADHU SOODAN PRASAD Signing time: 1/17/2023 9:34:57 AM

Hence, he preferred this revision petition.

In brief, facts of the case are that respondent Mishrilal Raghuvanshi, Proprietor of Durga Engineering Works, filed a complaint under Section 138 of Negotiable Instrument Act before Trial Court mentioning that on 01.08.2004 petitioner took loan of Rs.70,000 and for the repayment of the aforesaid loan amount, he issued a cheque of Nagrik Sahkari Bank Maryadit, Vidisha on 10.09.2004. When he presented, said cheque was not honoured. He gave a notice to the petitioner, but despite receiving notice he did not pay the amount. So, he was forced to file complaint. Notice was issued to petitioner. He adduced evidence. Afterwards, Trial Court vide its judgment dated 07.08.2009

held the petitioner guilty of offence under Section 138 of Negotiable Instrument Act and sentenced him for three months imprisonment and to pay Rs. 1 lakh by way of compensation of under Section 357(3). The petitioner preferred appeal before Appellate Court who also dismissed his appeal by impugned judgement dated 20.04.2010. Hence, he preferred with revision aggrieved by the judgment passed by Court below.

Looking to the facts and circumstances of the case and the evidence came on record, this Court is of the considered view that Trial Court as well as Appellate Court has not committed any illegality in convicting the petitioner as aforesaid. Hence, no interference is called for.

Accordingly, sans on merits, dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/17/2023 9:34:57 AM