Firoz Ali vs Jagdeesh Singh
2025 Latest Caselaw 4981 MP

Madhya Pradesh High Court

Firoz Ali vs Jagdeesh Singh on 1 March, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

          NEUTRAL CITATION NO. 2025:MPHC-GWL:4431




                                                              1                              CRR-736-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          BEFORE
                                           HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                   ON THE 1 st OF MARCH, 2025
                                              CRIMINAL REVISION No. 736 of 2025
                                                            FIROZ ALI
                                                              Versus
                                                         JAGDEESH SINGH
                           Appearance:
                                   Shri Prashant Chauhan - Advocate for the applicant.

                                                                  ORDER

This revision has been filed under Sections 397, 401 of Cr.P.C. against the judgment and sentence dated 14/11/2024 passed by 20th Additional Sessions Judge, Gwalior in Criminal Appeal No.522/2024 arising out of judgment and sentence dated 15/10/2024 by which JMFC, Gwalior in SC NIA No.689/2021 by which the applicant has been convicted under Section 138 of N.I.Act and has been sentenced to undergo simple imprisonment for six months and compensation of Rs.7,55,500/-.

It is submitted by counsel for applicant that applicant has not

surrendered.

In the light of judgment passed by Supreme Court in the case of Daulat Singh Vs. State of M.P. decided on 30/07/2024 in SLP (Criminal) Diary No.20900/2024, it is clear that neither an application for seeking exemption from surrendering is maintainable nor the revision without surrendering before the Trial Court is maintainable.

NEUTRAL CITATION NO. 2025:MPHC-GWL:4431

2 CRR-736-2025 Accordingly, this revision is dismissed as not maintainable. However, liberty is granted to the applicant to file an application for restoration of this revision after surrendering before the Trial Court.

With aforesaid liberty, this revision is dismissed as not maintainable.

(G. S. AHLUWALIA) JUDGE

PjS/-