Court No. - 48
Case :- CRIMINAL REVISION DEFECTIVE No. - 722 of 2018 Revisionist :- M/S A.G. Exports And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Rohan Gupta,Dharmendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the revisionists and learned AGA for the State.
The present criminal revision has been preferred by the revisionists with the prayer to quash the order dated 04.07.2018 passed in appeal no. 1077 of 2018 arising out of Complaint Case No. 3613 of 2014 (M/s Danish & Company Vs. M/s A.G. Exports and another), under Section 138 Negotiable Instruments Act, Police Station Kotwali, District Kanpur Nagar.
Revisionists has not surrendered before the trial court in compliance of the order dated 12.12.2017 passed in Complaint Case No. 3613 of 2014, under Section 138 Negotiable Instruments Act whereby he was sentenced for two years simple imprisonment and a fine of Rs. 20,50,000/-. It appears that instead of surrendering before the trial court, revisionist moved appeal before the lower appellate court exhorting the provision of Section 5 of Limitation Act through counsel. Lower appellate court has allowed the application for condoning the delay on 04.07.2018 but specific direction was given to the revisionist by the appellate court to surrender before the trial court. Learned counsel for the revisionists has stated that accused has not surrendered till today before the trial court. If such is the position, revisionists are not in custody nor they have been enlarged on interim bail by the trial court after conviction, order passed by the lower appellate court on 04.07.2018 cannot be termed to be illegal. Appeal was not maintainable and was not competent for hearing. Thus, revision also cannot be entertained and is not competent for admission for the reason discussed here-in-above.
Thus, the revision as well as delay condonation application being devoid of merits are, accordingly, dismissed.
Order Date :- 27.2.2019//Sanjeet