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2021 Supreme(Raj) 284

MAHENDAR KUMAR GOYAL
Ashoka Gears – Appellant
Versus
Sh. R. N. Metals India Pvt. Ltd – Respondent


Advocates appeared:
Mr. Arvind Kumar Gupta, for the Appellant; Mr. F.R. Meena, P.P, for the Respondent.

ORDER

1. This criminal misc. petition has been filed against the judgment dated 11.02.2020 passed by the learned Additional Sessions Judge, Women Atrocities Cases, No.2, Jaipur Metropolitan, Jaipur in Appeal No.46/2019, CIS No.944/2019 whereby, the appeal against the judgment dated 14.05.2019 passed by the learned Special Metropolitan Magistrate (N.I. Act Cases) No.5 in Regular Criminal (Complaint) No.802/2015, convicting and sentencing accused petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for brevity-"the Act of 1881"), has partly been dismissed.

2. A preliminary question arises as to maintainability of this criminal misc. petition under Section 482 Cr.P.C. against the final order of conviction.

3. It is well established and recognised practice that against appellate order confirming the judgement of conviction, the revision petition lies under Section 397 read with Section 401 Cr.P.C.

4. The Hon'ble Supreme Court has, in case of Vivek Rai & Anr. vs. High Court of Jharkhand through Registrar General & Ors.-JT 2015 (2) SC 32, held as under:

    "5..................... It is well known practice that generally a revision against conviction and sentence is filed after a

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