Shakuntala Devi Khetan vs M/S Vijan Millenium
2023 Latest Caselaw 17806 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRR No. 3816 of 2023
                                              (SHAKUNTALA DEVI KHETAN Vs M/S VIJAN MILLENIUM)

                          Dated : 26-10-2023
                                Shri Sankalp Kochar - Advocate for the applicants.

                                Shri Abhijeet Awasthi and Shri Amit Dave - Panel lawyer for the
                          respondent/State.

                                Reserved on               : 17.10.2023
                                Pronounced on             : 26.10.2023

                                Arguments of both the counsel for the parties are heard at length.
                                Judgment and record of the Court below perused.
                                                             ORDER

Heard on I.A No.20891/2023 which is an application for exemption from surrendering.

In this I.A, a request is made for seeking exemption from surrendering. Indisputably, applicant has been convicted by JMFC, Betul in RCT No.36/16 and by IV Additional Judge to the Court of First Additional Sessions Judge, Betul in CRA No. 59/2009 for the offence under Section 138 NI Act and has

been sentenced to SI for 2 years.

Applicant has filed this criminal revision with a prayer for exemption from surrendering before the concerned authority for the reason of her ill health but the documents relating to her illness do not suggest any medical emergency on the basis of which she should be allowed the exceptional remedy of exemption from surrendering. The other ground raised here is that the conviction of applicant is bad in law because she was neither the signatory of the dishonored Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 28-Oct-23 12:01:47 PM

cheque nor was the partner of the firm. According to her, questioned cheques were issued by co-accused. The learned counsel for the applicant has relied upon the decision passed in Vivek Rai Vs High Court of Jharkhand (2015) 12 SCC 86 wherein it has been observed by the Apex Court that exemption to surrender can be allowed in appropriate cases having regard to the nature and circumstances of the case, but this observation cannot be applied in the present case because merits of the case cannot be looked into at this stage where the maintainability of the case is under serious challenge for the reason that applicant has not surrendered yet.

Further, the contentions made by the learned counsel of applicant can be

examined only when considering the merits of the case in a revision petition and these merits cannot be inquired into a case which is not maintainable. The Hon'ble Apex Court has observed that inherent powers to exempt from surrendering can be used only in exceptional situations and if the argument of learned counsel for the applicant is accepted then it will be a matter of everyday practice to examine the merits of every case before asking the applicant to surrender before the appropriate authority.

Learned counsel for the applicant has relied upon the other citations as well in which liability of the person who did not sign the questioned cheque and who was not a partner of the firm issuing the cheque has been considered on legal aspects, but those citations have application only where the revision petition is considered as maintainable and not otherwise.

Accordingly, the application under consideration is dismissed.

(ANURADHA SHUKLA) JUDGE

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 28-Oct-23 12:01:47 PM

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 28-Oct-23 12:01:47 PM