An accused cannot file a revision without surrendering after conviction, as per established court principles.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL st ON THE 31 OF JULY, 2025 CRIMINAL REVISION No. 3197 of 2023 CHOTE @ LAXMAN SINGH Versus SURENDRA MOHAN SHUKLA Appearance:

None for the applicant.

ORDER This revision under Section 438 read with Section 442 of BNSS, 2023 has been filed assailing the appeal judgement dated 06.04.2023, passed in Cr.A.No.08/2020 (Chhote @ Laxman Singh Vs. Surendra Mohan Shukla) by Additional Judge to the Court of ASJ, Deori, District Sagar whereby, judgement of conviction and order of sentence passed in Complaint Case No.247/2016 (Surendra Mohan Shukla Vs. Chhote @ Laxman Singh) convicting the applicant for commission of offence under Section 138 of Negotiable Instrument Act and sentencing him to suffer RI for 1 year and fine of Rs.2,50,000/- with default stipulation has been affirmed.

2. On perusal of the memo of revision, it is apparent that applicant/accused is absconding and despite his conviction from two Courts he has not surrendered to serve the sentence imposed on him. Rule 48 Chapter X of M.P. High Court Rules, 2008 reads as under:

Signature Not Verified Signed by: JASLEEN SINGH "48. A memorandum of appeal or revision petition against conviction, except in cases where the sentence has been suspended by the Court below, shall contain a declaration to the effect that the convicted person is in custody or has surrendered after the conviction. Where the sentence has been so suspended, the factum of such suspension and its period shall be stated in the memorandum of appeal or revision petition, as also in the application under section 389 of the Code of Criminal Procedure, 1973.An application under section 389 of the Code of Criminal Procedure, 1973 shall, as far as possible, be in Format No. 11 and shall be accompanied by an affidavit of the appellant/applicant or some other person acquainted with the facts of the case."

3. In the case in hand, applicant who is absconding has not filed any application for exemption from surrender. Hon'ble Apex Court by order dated 30.07.2024, passed in {[Special Leave (Criminal) Diary No.(s).20900 of 2024)] (Arising out of impugned final judgment and order dated 25.01.2024, in CRLR No.4402/2022 in the case of of Daulat Singh Vs. State of Madhya Pradesh } has held that a revision is not maintainable where accused has not surrendered despite his conviction to serve the sentence imposed on him and exemption cannot be allowed by High Court. Hon'ble Apex Court considered the judgement of Vivek Rai and Others Vs. High Court of Jharkhand , reported in (2015) 12 SCC 86 and upheld the order of this court and held as under:

"15. We do not, therefore, consider it appropriate to accept as a sound proposition of law that a high court, in exercise of its inherent power, may grant exemption from surrendering in a particular case despite concurrent findings of conviction oblivious of the duty of giving effect to orders passed under the Code and/or to prevent abuse of the process of a court."

Signature Not Verified Signed by: JASLEEN SINGH

4 . In the case in hand, applicant has failed to surrender before the Court for undergoing the jail sentence and has not moved any application before this Court for exemption from surrender. In such circumstances, this revision application is filed in violation of Rule 48 of Chapter X of M.P.

High Court Rules.

5. Consequently, in view of the above, this revision is dismissed.