Madhya Pradesh High Court
Suresh Sharma vs The State Of Madhya Pradesh on 19 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:26654
1 CRR-5198-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 19th OF JUNE, 2025
CRIMINAL REVISION No. 5198 of 2024
SURESH SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Dharmendra Patel - Advocate for the applicant.
Shri Pramod Pandey - Government Advocate for the respondent-State.
ORDER
This Criminal Revision under Section 397 read with Section 401 of the
Criminal Procedure Code, 1973 has been preferred against the judgment of
conviction and order of sentence dated 09.09.2024 passed by Fifth
Additional Sessions Judge, Chhindwara, District-Chhindwara (M.P.) in
Criminal Appeal No.101/2023 arising out of judgment dated 24.06.2023
passed by the Judicial Magistrate First Class, Chhindwara, District-
Chhindwara (M.P.) in R.C.T. No.46/2023 affirming the judgment of
conviction and order of sentence passed by the trial court whereby the
applicant has been convicted under Section 419 of IPC and sentenced to
undergo R.I. for two years with fine of Rs.4,00,000/-, Section 420 of IPC and
sentenced to undergo R.I. for five years with fine of Rs.19,00,000/- and
Section 406 of IPC and sentenced to undergo R.I. for two years with fine of
Rs.4,00,000/- with default stipulations.
2. In nutshell, the prosecution case before the trial court was that at the
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time of incident, the applicant, who was staying in the room of Pooja Hotel,
Parasiya Road, Chhindwara, contacted the complainant and his family
members and stated that he is a doctor and a hospital in Jabalpur is not
operational and was closed the hospital during the Covid 19. He has
purchased the hospital in Rs.40,00,000/-. After purchasing that hospital, he
will sell the hospital in Rs.90,00,000/- and thus, he alongwith the
complainant shall get the benefit and they shall distribute the profit among
themselves. On that basis, he obtained an amount of Rs.21,80,049/- from the
complainant Pramod Suryawanshi (PW-1) and Niranjan Suryawanshi (PW-
2). He was not a doctor and no hospital was purchased. When the pressure
was made, he handed over two post dated cheques of HDFC Bank of
Rs.10,00,000/- each and a cheque of Rs.5,00,000/- to Niranjan Suryawanshi
but they were not encashed. Hence, the complaint was filed.
3. Learned counsel for the applicant has submitted that the conviction
recorded by the trial court as well as appellate court is without any substance.
The prosecution utterly failed to prove the case before the trial court but the
trial court, without considering the material brought on record, has convicted
the applicant and sentenced to undergo rigorous imprisonment. The courts
have committed error only relying on the prosecution witness or interested
witnesses and no independent witness has supported the prosecution story.
The trial court has not appreciated the evidence in proper perspective and
documents were not proved as per the law. Hence, the conviction and
sentence be quashed.
4. Learned counsel for the State has supported the judgment of
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conviction and sentence passed by the trial court and submitted that there is
no substance in the revision. Hence, this revision be dismissed.
5. Heard the parties and perused the record.
6. I have gone through the statement of Pramod Suryawanshi (PW-1).
In his statement, he has stated that he was working as a Chef in Pooja Hotel,
Parasiya Road, Chhindwara. The applicant was staying in that hotel and
stating himself to be a doctor. After that, they developed acquaintance and
friendship. On that, the applicant told him that the hospital in Jabalpur is
closed due to Covid-19 and if the complainant provides money, they will
purchase the hospital in Rs.40,00,000/- as deal is made and after purchasing,
they shall sell hospital in Rs.90,00,000/- and the profit money shall be
distributed among them. On that pretext, this witness has given
Rs.21,80,049/- from his account and by taking money from his parents.
7. Niranjan Suryawanshi (PW-2) has also supported the same story.
The same is supported by Pankaj Suryawanshi (PW-4), Yashwant
Suryawanshi (PW-5), Mangesh Suryawanshi (PW-6) and Lata Suryawanshi
(PW-7). Their statements are supported by the statement of Bank memo
(Ex.P-10), digital app transaction (Ex.P-11), deposit receipts (Ex.P-12), Bank
statements (Ex.P-13 and P-14) and the passbook of the Bank (Ex.P-15), bank
account statement (Ex.P-16) and bank account statement of the applicant.
This fact has been verified by the Investigating Officer.
8. Thus, from the statements, it is clear that the applicant not being a
doctor has personated himself to be a doctor. On the false promise that on
the money being paid to him, he will purchase the hospital as deal has been
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completed and sell the hospital. Profit amount of Rs.50,00,000/- shall be
distributed among the complainants and applicant. The money was received
and the victim has given the money to the applicant to purchase the hospital
that was not used for that purpose and used for his personal expenses. Hence,
the act of the applicant comes under the purview of Sections, 419, 420, 406
of IPC and trial court as well as appellate court has rightly convicted the
applicant.
9. Looking to the act and amount involved in the case, maximum
punishment that has been imposed is five years of rigorous imprisonment and
fine amount has been imposed to compensate the victim. No illegality,
perversity or impropriety is found in the impugned judgment. Hence, the
judgment of the appellate court is affirmed. This Criminal Revision being
devoid of merits is dismissed.
10. With the copy of this order, the record of the trial court as well as
appellate court be sent back.
(DEVNARAYAN MISHRA)
JUDGE
HK
