A criminal revision under Section 397 of Cr.P.C. is not maintainable without the applicant's surrender before the trial court, unless exceptional circumstances are demonstrated.

Heard on admission as well as on I.A.No.5793/2024 filed for exempting the requirement of surrender of respondent.

2. This criminal revision under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (hereinafter referred as, ' Cr.P.C .') has been filed by the applicant against the order dated 08/02/2024 passed in Cr.A.No.186/2023 by III Additional Sessions Judge, Indore (M.P.) dismissing the appeal preferred against the order dated 29/04/2023 passed in Criminal Case No.3122843/2016 by Judicial Magistrate First Class, Indore, wherein the applicant was convicted for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced to under go Rigorous Imprisonment of 01 years with compensation of Rs.68,52,302/-.

3. Learned counsel for the applicant submits that applicant himself presented bank statement to reflect that the applicant has deposited Rs.20,00,000/- in the bank account of respondent No.2, which the Trial Court as well as Appellate Court have failed to appreciate and interpret the evidence in accordance with law. Both the Courts below have failed to consider the existence of legally recoverable debt or liability of Rs.34,26,151/- in absence of positive evidence. He further submits that applicant is suffering from heart ailment and therefore, he is unable to surrender before the learned trial Court. Surrendering of the applicant before trial Court for entertaining the criminal revision is not mandatory. On these grounds, learned counsel prays for exemption from surrender and to admit the criminal revision.

4. To bolster his submissions, learned counsel for the applicant placing reliance on para No.4 the order dated 20/02/2024 passed in Criminal Revision No.729/2024 ( Sanjay Nagayach Vs. The State of Madhya Pradesh ) by the co-ordinate Bench of this Court at Jabalpur and the same is extracted herein below:

“4. After careful scrutiny of Section 397 of Code of Criminal Procedure and also Rule 48 of Chapter X of M.P. High Court Rules and Orders, it is clear that there is no requirement of surrendering before Court and to be confined or in jail for preferring criminal revision before High Court. If applicant is not in confinement then also criminal revision is maintainable before the High Court. If counsel for applicant is able to point out any impropriety or illegality in the judgment passed by the Court below then High Court may exercise its jurisdiction and powers of revision to call for the records and examine the same. While passing orders for summoning the records for examination, High Court may direct execution of sentence or order to be suspended. Once order of suspension of execution of sentence or order to suspend judgment of appellate Court is passed then if accused/applicant is in jail, he is to be released on bail. If accused is not in jail then Court may order him to furnish bail bonds for his appearance before the High Court when required. Learned counsel further submits that surrendering of the applicant before the trial Court for entertaining the criminal revision is not mandatory. On these grounds, learned counsel prays for allowing the application for exemption from surrender and to admit the criminal revision.”

5. On the other hand, learned counsel for the respondent / State has opposed the prayer by referring Rule 48 of the High Court of Madhya Pradesh Rules, 2008. She has also placed reliance on the order passed by the co-ordinate Bench of this Court at Indore in the matter of Devnarayan and Others Vs. Prateek Goyanka (passed in Criminal Revision No.1912/2024 on 28/05/2024). On these contentions, she prays for dismissal of application along with the criminal revision as it is not maintainable without surrender of the applicant.

6. Heard learned counsel for the parties and perused the record.

7. For ready reference, Rule 48 of the High Court of Madhya Pradesh Rules, 2008 reads as under:-

“48. A memorandum of appeal or revision petition against conviction, except in cases wh