Sumit Khandalwal vs State Of Rajasthan
2023 Latest Caselaw 6366 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1370/2019

Sumit Khandalwal S/o Sh. Madhu Kumar Khandelwal, Aged About 28 Years, B/c Khandelwal R/o Bangla No. 326, Shree Nagar Road, Ajmer (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Mukesh Mehra S/o Sh. G.C. Mehra, B/c Mehra R/o Hemanchal, Mehro Ka Chowk, Ashmani Pol, Brahmino Ki Gali, Umaid Chowk, Jodhpur.

                                                                ----Respondents


For Petitioner(s)         :    None present
For Respondent(s)         :    Mr. Gourav Singh, AGA



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

24/08/2023

1. None has appeared on behalf of the petitioner.

2. By way of filing the instant criminal revision petition,

challenge is made to the judgment dated 04.05.2018 passed

by the learned Special Court (N.I. Act Cases), No.1, Jodhpur

Metro, Jodhpur whereby the petitioner was convicted and

sentenced to suffer 10 months Simple Imprisonment and fine

of Rs.6,50,000/- and in default of depositing of fine, he was

directed to further undergo two months S.I. as well as

against the judgment dated 05.08.2019 passed by learned

Additional District Judge No.5, Jodhpur Metro, Jodhpur in

Criminal Appeal No.237/2018 whereby the judgment of

conviction and order of sentence has been affirmed.

(2 of 2) [CRLR-1370/2019]

3. The instant revision petition is pending before this Court

since the year 2019 and from a perusal of the order-sheets,

it can be observed that no sincere endeavour has been made

on behalf of the petitioner to pursue his cause. On several

occasions, none had appeared on his behalf. His application

for suspension of sentence has already been rejected.

Probably for the reason that he has not surrendered and

obeyed the warrant issued by the appellate Court. It can be

presumed that since date of judgment of appeal, a warrant of

arrest has been issued and the petitioner is somehow

evading the process.

4. I have gone through the niceties of the matter, just to

convince the legality of the finding of guilt but find nothing

which may persuade this Court to interfere in the judgment

of conviction. I have also pondered over the point of

sentence and found that a lenient view had already been

taken by the Court of first instance and affirmed by the

appellate Court. Thus, there is no force in the revision

petition and the same deserves to be dismissed.

5. Accordingly, the instant revision petition is dismissed.

(FARJAND ALI),J 142-Ashutosh/-

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