Madhya Pradesh High Court
Kavita Rohda vs Ajay Baghwani on 28 July, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:34442
1 CRR-2419-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 28th OF JULY, 2025
CRIMINAL REVISION No. 2419 of 2025
KAVITA ROHDA
Versus
AJAY BAGHWANI
Appearance:
Shri Vishal K. Namdeo - Advocate for the applicant.
ORDER
This revision under Section 438 read with Section 442 of BNSS, 2023
has been filed assailing the appeal judgement dated 16.04.2025, passed in
Cr.A.No.01/2025 (Kavita Rohda Vs. Ajay Baghwani by Second ASJ,
Damoh, District Damoh, whereby, judgement of conviction and order of
sentence passed in SCNIA No.11/2024 (Ajay Baghwani Vs. Kavita Rohda)
convicting the appellant for commission of offence under Section 138 of
N.I. Act and sentencing her to suffer RI for six months and payment of
compensation of Rs.1,20,882/- to the complainant with default stipulation,
has been affirmed.
2. On perusal of the memo of revision, it is apparent that
applicant/accused is absconding and despite her conviction from two Courts
she has not surrendered to serve the sentence imposed on her. Rule 48
Chapter X of M.P. High Court Rules, 2008 reads as under:
"48. A memorandum of appeal or revision petition
NEUTRAL CITATION NO. 2025:MPHC-JBP:34442
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against conviction, except in cases where the sentence
has been suspended by the Court below, shall contain a
declaration to the effect that the convicted person is in
custody or has surrendered after the conviction. Where
the sentence has been so suspended, the factum of such
suspension and its period shall be stated in the
memorandum of appeal or revision petition, as also in
the application under section 389 of the Code of
Criminal Procedure, 1973.An application under section
389 of the Code of Criminal Procedure, 1973 shall, as
far as possible, be in Format No. 11 and shall be
accompanied by an affidavit of the appellant/applicant
or some other person acquainted with the facts of the
case."
3. Hon'ble Apex Court by order dated 30.07.2024, passed in {[Special
Leave (Criminal) Diary No.(s).20900 of 2024)] (Arising out of impugned
final judgment and order dated 25.01.2024, in CRLR No.4402/2022 in the
case of of Daulat Singh Vs. State of Madhya Pradesh } has held that a
revision is not maintainable where accused has not surrendered despite his
conviction to serve the sentence imposed on him and exemption cannot be
allowed by High Court. Hon'ble Apex Court considered the judgement
of Vivek Rai and Others Vs. High Court of Jharkhand, reported in (2015) 12
SCC 86 and upheld the order of this court and held as under:
"15. We do not, therefore, consider it appropriate to
accept as a sound proposition of law that a high court,
in exercise of its inherent power, may grant exemption
from surrendering in a particular case despite
concurrent findings of conviction oblivious of the duty
of giving effect to orders passed under the Code and/or
to prevent abuse of the process of a court."
4. In the case in hand, applicant has failed to surrender before the
Court for undergoing the jail sentence. In such circumstances, this revision
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application is filed in violation of Rule 48 of Chapter X of M.P. High Court
Rules. Hence, same is not maintainable.
5. Consequently, in view of the above, this revision being not
maintainable is dismissed.
6. A copy of this order be sent to the Court concerned through
Sessions Judge, Damoh.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
