Kamal Shivhare vs State Of M.P.
2023 Latest Caselaw 10029 MP

                                                      1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 3 rd OF JULY, 2023
                                     CRIMINAL REVISION No. 275 of 2011

               BETWEEN:-
               KAMAL SHIVHARE S/O RAMGOPAL SHIVHARE
               OCCUPATION: TRANSPORTER R/O B70,SUBHASH
               NAGAR, KALI MATA MANDIR KE SAMNE DISTT.
               GWALIOR (MADHYA PRADESH)

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

               AND
               1.          STATE OF M.P.

               2.          PRAKASH     SHIVHARE    S/O   LATE   SHRI
                           HARIPRASAD SHIVHARE, AGED ABOUT 35 YEARS,
                           R/O DOCTOR BAHAL KE PICHHE, GOSHPURA
                           NO.1, HAJEERA, GWL. (MADHYA PRADESH)

                                                                               .....RESPONDENTS


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

               following:
                                                       ORDER

This revision petition is pending since 2011 and nobody is appearing for the petitioner to argue the case.

Perused the record.

This criminal revision under Section 397/401 of CrPC has been preferred by the petitioner against the judgment dated 3rd March, 2011 passed by the Signature Not Verified Signed by: MADHU SOODAN PRASAD 14th Additional Sessions Judge, Gwalior, in Criminal Appeal No.545/2010 Signing time: 04-07-2023 10:18:59 AM

affirming the judgment dated 20.10.2010 passed by the JMFC, Gwalior, in Criminal case No.245/2008 convicting the petitioner under Section 138 of the Negotiable Instruments Act and sentencing him to undergo 6 months RI and pay compensation of Rs.1,43,000/-.

In brief prosecution case is that petitioner issued two cheques in favour of the respondent of Rs. one lac and Rs.50,000/-. The cheque of Rs. one lac when presented was not honourded. Notice was given, but when amount remained unpaid, complaint was filed and evidence was adduced.

On going through the evidence, in the considered opinion of this Court, no illegality or perversity has been committed by the Courts below in convicting

the petitioner.

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.

Consequently, this revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 04-07-2023 10:18:59 AM