Garibdas Mehtar vs Jila Antyavasayi Sahkari Vikas ...
2023 Latest Caselaw 4571 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 23 rd OF MARCH, 2023
                                           CRIMINAL REVISION No. 4471 of 2022

                           BETWEEN:-
                           GARIBDAS MEHTAR S/O LATE SHRI GHAMANDI
                           MEHTAR, AGED ABOUT 50 YEARS, OCCUPATION:
                           LABOUR RESIDENT VILLAGE NAUNER P.S JIGNA
                           DISTRICT DATIA (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (NONE FOR THE APPLICANT)

                           AND
                           JILA ANTYAVASAYI   SAHKARI  VIKAS   SAMITI
                           MARYADIT N.A M.P. COLLECTRATE OFFICE DATIA
                           (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (NONE FOR THE RESPONDENT )

                                 This revision coming on for HEARING this day, the court passed the
                           following:
                                                             ORDER

The advocates are abstaining from Court work on account of call given by the State Bar Council.

Record as well as judgments of both the Courts below are perused. This criminal revision under Section 397 read with Section 401 of CrPC has been filed by applicant aggrieved by the judgment dated 25-08-2022 passed by First Additional Sessions Judge, Datia in Criminal Appeal No. 87 of 2018 affirming the judgment dated 20-06-2018 passed by the Court of JMFC in Criminal Case No. 1184 of 2013, by which the applicant has been convicted Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 23-03-2023 05:36:27 PM

under Section 138 of the Negotiable Instruments Act and sentenced to undergo six months simple imprisonment with a direction to pay compensation to the tune of Rs.3,01,500/- under Section 357(3) of CrPC to the complainant.

Having perused the record and gone through the impugned judgments passed by learned trial Court as well as lower appellate Court, this Court is of the considered opinion that no illegality has been committed by the Court below in passing the impugned judgments.

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.

Accordingly, present criminal revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 23-03-2023 05:36:27 PM