Bhavsingh vs Narendra Kumar Brothers Dhamond Dist. ...
2024 Latest Caselaw 15886 MP

Madhya Pradesh High Court

Bhavsingh vs Narendra Kumar Brothers Dhamond Dist. ... on 28 May, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                 ON THE 28 th OF MAY, 2024
                                          CRIMINAL REVISION No. 2378 of 2021

                          BETWEEN:-
                          BHAVSINGH S/O JAMSINGH, AGED ABOUT 53 YEARS,
                          OCCUPATION: AGRICULTUIRES PIPALIYA MOTA, POST
                          UMBARBAN, (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY NONE )

                          AND
                          NARENDRA    KUMAR BROTHERS DHAMOND DIST.
                          DHAR THROGUH PRO. ANIL KUMAR S/O RADHESHYAM
                          GARG, AGED ABOUT 52 YEARS, OCCUPATION:
                          BUSINESS DHAMNO, TEHSIL DHARMPURI (MADHYA
                          PRADESH)

                                                                                     .....RESPONDENTS
                          (SHRI YASH PAL RATHORE, LEARNED COUNSEL FOR THE
                          RESPONDENT [R-1].

                                This revision coming on for admission this day, th e court passed the
                          following:
                                                            ORDER

This revision petition has been filed on behalf of the petitioner under Section 397 of Cr.P.C. against the order of conviction under Section 138 of N.I. Act.

F ro m perusal of the petition it is clear that the petitioner has not surrendered before the trial Court even after the direction of the Court dated 12.01.2024.

In view of the Rule 48 of Chapter X of the High Court Rules, 2008 and

the judgment passed by this Court in the case of Deepak Sahu & Others vs. State of M.P. reported in 2013(3) MPLJ 534, the petition is not maintainable because the petitioner has not surrendered before the trial Court.

Hence, in view of the aforesaid, the revision petition stands dismissed as not maintainable.

(PREM NARAYAN SINGH) JUDGE amit