Dismissed

Rajiv Soni S/O Late Shri Jayaram Soni v. Krishan Kumar S/O Vishwanath B/C Soni

Rajasthan HC8 Apr 2025CRLR/1097/2019

Case brief

AI extract

What is this about?

High Court dismissed a revision petition against conviction under Section 138 NI Act because the petitioner avoided surrender. The Court held that surrender is mandatory after dismissal of appeal, following Supreme Court jurisprudence, and penalized the registry for entertaining the unsurrendered petition.

What the court decided

AI extract

Rajiv Soni S/O Late Shri Jayaram Soni Vs Krishan Kumar… — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:15677]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 1097/2019

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Rajiv Soni S/o Late Shri Jayaram Soni, R/o Ward No 22 Pilani Teh. Surajgarh Dist. Jhunjhunu Raj.

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----Petitioner

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Versus

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Krishan Kumar S/o Vishwanath, Aged About 36 Years, R/o Ma Bhagwati Jewelers Gandhi Chowk Teh. Chirawa Dist. Jhunjhunu Raj.

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----Respondent

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For Petitioner(s)	: None
For Respondent(s)	: Mr. Vijay Singh Yadav, PP
	Mr. Ankit Kumar for
	Mr. Tapesh Pal Singh

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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08/04/2025

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Instant revision petition is preferred by petitioner accused Rajiv Soni after dismissal of criminal appeal No. 39/2017 on 10.04.2019 by learned Additional Sessions Judge, Chirawa, District Jhunjhunu whereby judgment of conviction and sentence dated 14.06.2017 in criminal case No.85/2016 passed by learned Judicial Magistrate, Chirawa, District Jhunjhunu was affirmed. The petitioner accused was convicted and sentenced under Section 138 NI Act.

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On a criminal complaint filed for offence under Section 138 NI Act before learned Judicial Magistrate, Chirawa after securing presence of accused a trial was conducted wherein present petitioner was held guilty under Section 138 NI Act and further sentenced to undergo simple imprisonment of 2 years with fine of

[2025:RJ-JP:15677]

[CRLR-1097/2019]

(2 of 3)

₹30,00,000/- as compensation under Section 357(3) Cr.P.C. The order of conviction and imposition of compensation was upheld by learned Additional Sessions Judge, Chirawa, Jhunjhunu.

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The instant revision petition is preferred without surrender, after dismissal of appeal. The progress report from learned Judicial Magistrate, Chirawa clearly indicated that petitioner accused is avoiding arrest and he was not found at the address as mentioned by him. Under the instructions of learned Judicial Magistrate the police station Chirawa has made effort to nab present petitioner but police could not succeed.

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Aforesaid clearly indicated that the instant revision petition is preferred in violation of Rule 311 and 323 of Rajasthan High Court Rules and same is also contrary to provision of Section 389 Cr.P.C. A detailed order was passed by this Court on 13.08.2024. 5. In very recent judgment in case of Daulat Singh Vs. The State of Madhya Pradesh, SLP (Criminal) Diary No(s).20900/2024 order dated 30.07.2024, Hon’ble Supreme Court has considered an issue wherein the Rule 48 of Chapter 10 of High Court of Madhya Pradesh Rules, 2008 was under question wherein petitioner-accused on the basis of judgment in case of Vivek Rai & Anr. Vs. High Court of Jharkhand reported in (2015) 12 SCC 86 has prayed for exemption from surrender but Hon’ble Supreme Court after considering the legal position has ruled that even the High Court under Section 482 of Cr.P.C. cannot exempt any individual from surrender after concurrent findings of the Court below. It means after dismissal of appeal, the petitioneraccused has to surrender before filing revision petition.

[2025:RJ-JP:15677]

[CRLR-1097/2019]

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In view of aforesaid, this revision petition is not maintainable and filing of such revision petition is an attempt to defeat the provision of law. The office has committed serious error while entertaining this revision petition and also registering the same.

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Thus the revision petition is dismissed as the petitioner has failed to surrender despite direction of this Court on multiple occasions.

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The trial court is directed to send compliance report after every six months to this Court, till accused is arrested.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /43

Rajiv Soni S/O Late Shri Jayaram Soni v. Krishan Kumar S/O Vishwanath B/C Soni

Case brief

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What the court decided

Rajiv Soni S/O Late Shri Jayaram Soni v. Krishan Kumar S/O Vishwanath B/C Soni

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