Rakesh Soni vs Rajesh Samadhiya
2023 Latest Caselaw 4573 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. 358 of 2022

BETWEEN:-
RAKESH SONI S/O SHRI RAMSHANKAR SONI, AGED
ABOUT 42 YEARS, WARD NO. 16 YOGENDRA SINGH
BHADORIYA KA MAKAN NAYAPURA PS CITY KOTWALI
DISTRICT BHIND (MADHYA PRADESH)

                                                            .....PETITIONER
(NONE PRESENT )

AND
RAJESH   SAMADHIYA    S/O   SHRI CHIRANJEEV
SAMADHIYA, AGED ABOUT 34 YEARS, WARD NO. 14
JHANSI MOHALLA DIST. BHIND (MADHYA PRADESH)

                                                           .....RESPONDENT
(NONE PRESENT)

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

Advocates are abstaining from Court work.

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 24.11.2021 passed by Second Additional Sessions Judge, Bhind in Criminal Appeal No. 20 of 2019 affirming the judgment dated 22.01.2019 passed by the Court of JMFC in Criminal Case No. 456 of 2016, by which the applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo

one year simple imprisonment with a direction to pay compensation to the tune of Rs.7,45,000/- 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 Vijay

VIJAY TRIPATHI 2023.03.24 18:27:27

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