Anil Sharma vs State Of M.P.
2023 Latest Caselaw 11035 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 17 th OF JULY, 2023
                                      CRIMINAL REVISION No. 842 of 2011

               BETWEEN:-
               ANIL SHARMA S/O RAMGOPAL SHARMA, AGED ABOUT
               30 YEARS, OCCUPATION: TRUCK OWNER R/O SABJI
               MANDI, SHAKTI BEEJ BHANDAR KE SAMNE
               LAXMIGANJ WAKLESHWAR TRANSPORT KE PAS,
               LASHKAR GWALIOR (MADHYA PRADESH)

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

               AND
               1.          STATE OF M.P. TH:COLLECTOR DISTT. GWALIOR
                           (MADHYA PRADESH)

               2.          SATYA NARAYAN SHARMA S/O NETRAM
                           SHARMA, AGED ABOUT 40 YEARS, R/O ARAMIL,
                           BIRLANAGAR, GWL. (MADHYA PRADESH)

                                                                               .....RESPONDENTS
               (BY SHRI R.K.AWASTHI- PUBLIC PROSECUTOR FOR THE STATE)

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

               following:
                                                        ORDER

This revision is pending since 2011. Perused the record.

This criminal revision under Section 397/401 of CrPC has been preferred by the petitioner against the judgment dated 21.9.2011 passed by the 9th Signature Not Verified Additional Sessions Judge, Distt. Gwalior in Criminal Appeal No.240/2011 Signed by: MADHU SOODAN PRASAD Signing time: 18-07-2023 10:29:11 AM affirming the judgment dated 21.4.2011 passed by the JMFC, Gwalior, in

Criminal Case No.3009/2007, whereby petitioner has been convicted under Section 138 of the NI Act and sentenced to undergo 3 months SI and pay compensation of Rs.60,000/-.

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: 18-07-2023 10:29:11 AM