Gopal Gupta vs Anil Kumar Jain
2023 Latest Caselaw 10095 MP

                                                            1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                                 ON THE 4 th OF JULY, 2023
                                           CRIMINAL REVISION No. 1671 of 2023

                           BETWEEN:-
                           GOPAL GUPTA S/O SHRI DEEN DAYAL GUPTA, AGED
                           ABOUT 53 YEARS, R/O 21 RAVI NAGAR, GWALIOR
                           (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI DINESH KUMAR AGRAWAL- ADVOCATE)

                           AND
                           1.    ANIL KUMAR JAIN S/O LATE SHRI HARI DAS
                                 JAIN, AGED ABOUT 51 YEARS, R/O LOHIYA
                                 BAZAR, MORENA (MADHYA PRADESH)

                           2.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION PADAV, GWALIOR (MADHYA
                                 PRADESH)

                                                                                    .....RESPONDENTS
                           (SHRI RAJMANI BANSAL, LEARNED COUNSEL FOR THE RESPONDENT
                           NO.1 AND SHRI SHRI RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR
                           FOR THE STATE.

                                 This revision coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

This criminal revision under Section 397/401 of Cr.P.C. has been filed against the judgment and conviction dated 29.03.2023 passed by the Ninth Additional Sessions Judge, Gwalior in Criminal Appeal No. 326/2022 arising out of the judgment and sentence dated 01.07.2022 passed by JMFC, Gwalior in Criminal Case No.16039/2010 by which the petitioner has been convicted

Signature Not Verified under Section 138 of Negotiable Instruments Act and sentenced to undergo the Signed by: VIPIN KUMAR AGRAHARI Signing time: 06-07-2023 11:06:34 AM

rigorous imprisonment of Six months and compensation to the tune of Rs.29,60,000/- with default stipulation.

Learned counsel for the respondent no.1 submitted that present petition is not maintainable for the reason that petitioner has not surrendered before the trial Court. He has further submitted that the petitioner has also not complied with the directions of this Court dated, 11.05.2023. Therefore, the petition may be dismissed as it is not maintainable as well as for non-compliance of order passed by this Court.

On the other hand, learned counsel for the petitioner submitted that in the light of the case of R. Kalai Selvi Vs. Bheemappa [2021 (III) MPWN 1

(SC)], the petitioner is not required to deposit the amount. However, he fairly conceded that petitioner has not yet surrendered before the trial Court.

Heard learned counsel for the rival parties and perused the material available on record.

This Court in the case of Deepak Sahu and others Vs. State of M.P. reported in 2012 (3) MPLJ 534 has held that in view of the provisions of Madhya Pradesh High Court Rules, criminal revision without surrendering before the Court is not maintainable.

Since, the petitioner has not surrendered before the trial Court, therefore, in the light of the case of Deepak Sahu (supra) as well as in view of the provisions of Madhya Pradesh High Court Rules, present revision petition is dismissed as not maintainable with liberty to the petitioner to file a fresh revision after surrendering before the Court below.

The learned trial Court is at liberty to disburse the amount deposited by the respondent/accused in case, any application is filed in this regard. Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 06-07-2023 11:06:34 AM

(SUNITA YADAV) JUDGE vpn

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 06-07-2023 11:06:34 AM