Vinay Nagriya vs Bharat Bhusan Sharma
2023 Latest Caselaw 3622 MP

                                                              1
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 1 st OF MARCH, 2023
                                            CRIMINAL REVISION No. 4703 of 2019

                            BETWEEN:-
                            VINAY NAGRIYA S/O SHRI DINESH NAGRIYA R/O 43/A
                            LAXMIPURAM BAHODAPUR DISTRICT GWALIOR
                            (MADHYA PRADESH)

                                                                                          .....PETITIONER
                            (BY SHRI DEEPAK KUMAR GUPTA - ADVOCATE)

                            AND
                            BHARAT BHUSAN SHARMA S/O SHRI LAXMINARAYAN
                            SHARMA, AGED ABOUT 38 YEARS, OCCUPATION: PVT.
                            NOKARI R/O A 10 GOVINDPURI DISTRICT GWALIOR
                            (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                            (BY SHRI DILIP KUMAR PATHAK - COUNSEL FOR THE RESPONDENT)

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

This criminal revision has been filed by the petitioner-complainant under Sections 397 read with Section 401 of Cr.P.C. against the judgment dated 26.06.2019 passed in criminal appeal No.406/2017 by 13th Additional Sessions Judge, Gwalior whereby learned Additional Sessions Judge while partly allowing the appeal of the respondent-accused has sentenced him under Section 138 of NI Act till rising of the Court with compensation of Rs. 62,000/- instead of sentence of six months RI as imposed by the Additional CJM, Gwalior in criminal case No.5635/2013 vide judgment dated 21.07.2017. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/4/2023 4:10:12 PM

Necessary facts for disposal of present revision in short are that applicant- complainant filed a complaint under Section 138 of the NI Act before the Trial Court alleging therein that respondent- accused had borrowed Rs.45,000/- from the applicant for a period of six months. In this regard, he had issued a cheque bearing no. 603447, dated 12-03-2013 in favour of applicant and when the said cheque was deposited by the applicant in the Bank, the same was returned due to stoppage of account. Thereafter, the applicant- complainant sent a notice to the respondent- accused regarding dishonour of said cheque and demanded for repayment. Despite receiving notice, the respondent did not return the aforesaid money, therefore, the applicant filed a

complaint before the Court below under Section 138 of the NI Act. Before the Court below the respondent in his defence pleaded that the disputed blank cheque was kept with the sister of applicant who was also working as agent with him. Despite demanding return of said cheque, the sister of complainant did not return the said cheque. After five years, in connivance with the applicant, the said disputed cheque was produced before the Court.

Heard learned counsel for the parties and perused the record of the Court below.

On going through the evidence came on record, this Court of the considered opinion that learned Appellate Court has not committed any illegality or perversity in reducing the sentence of the respondent-accused from six months RI, till rising of the Court.

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

Signature Not Verified re-appreciation of evidence. The said judgment has been followed by the Apex Signed by: VIJAY TRIPATHI Signing time: 3/4/2023 4:10:12 PM

Court in the case of State of Maharashtra Vs. Jagmohan Singh Kuldip Singh Anand and Others as reported in (2004) 7 SCC 659.

I n view of above, this Court finds that the impugned judgments of conviction and order of sentence passed by the appellate Court requires no interference of this Court. Thus, criminal revision sans merit and the same is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/4/2023 4:10:12 PM