Bijendranath Basak vs Jitendra Kumar Mishra
2023 Latest Caselaw 15944 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRR No. 5013 of 2022
                                            (BIJENDRANATH BASAK Vs JITENDRA KUMAR MISHRA)

                          Dated : 26-09-2023
                                 Shri Uttkarsh Agrawal - Advocate for the applicant.

                                 None for the respondent.

Heard on I.A.No.25014/2022, an application for exemption to surrender. Learned counsel for the applicant submits that this case relates to conviction and sentence under Section 138 of Negotiable Instrument Act and

applicant is a government servant, therefore, he may be exempted from surrendering before the Court. In this connection learned counsel for the applicant has relied upon the judgment of Hon'ble Supreme Court in Vivek Rai and another vs. High Court of Jharkhand reported in (2015) 12 SCC 86 and order passed by the coordinate Bench of this Court in Smt. Lata vs. Manjul passed in Cr.R. No.3467/2019 dated 23.7.2019 and Dr. Ritesh vs. Yogendra Kumar passed in Cr.R No.1039/2022 dt.24.3.2022.

Perusal of Hon'ble Apex Court's judgment in Vivek Rai (supra) reveals that this Court in exercise of its inherent power, may exempt applicant from

surrendering, having regard to nature and circumstances of the case. So far as case of Smt. Lata (supra) is concerned, the case relates to lady and in that case the applicant was shown to be suffering from various ailments and on that ground the coordinate Bench allowed and exempted the applicant to surrender before the Court. So far as, Dr. Ritesh (supra) is concerned, the coordinate Bench of this Court exempted the applicant from surrendering before the Court on the ground that he is a government servant and case relates to 138 of the Act.

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 9/27/2023 1:12:27 PM

In this court's considered opinion, being a government servant, does not entitle the applicant for any special treatment and just because the case relates to Section 138 of the Act also applicant cannot be exempted from surrendering before the Court. In this Court's considered opinion, there are no special circumstances warranting exemption from surrendering before the Court.

Therefore, in the facts and circumstances of the case, I do not deem it proper to exempt the applicant from surrendering before the Court.

Accordingly, aforesaid I.A. is dismissed. Applicant is directed to surrender before the concerned Court within 10 days from the date of passing of this order.

List the matter thereafter.

(ACHAL KUMAR PALIWAL) JUDGE

irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 9/27/2023 1:12:27 PM