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2018 (11) TMI 1886 - HC - Indian LawsDishonor of Cheque - Seeking exemption from surrendering and granting suspension of sentence during the pendency of the present revision petition - HELD THAT:- It is seen that it has become a habit to blame the earlier counsels without any basis, though the complaints against earlier counsels in some cases may be true but to substantiate such complaints, there should be some action or material from the side of the petitioner on the record. The petitioner No. 2 in this case has not complained against the earlier counsel to the Bar Council of Delhi or Bar Council of India in this regard at any point of time. The submissions made are required to be nipped in the bud. It is also not the case of the petitioner No. 2 that he had at any point of time asked his counsel about the suspension of the sentence. Even otherwise, this submission of the petitioner No. 2 has no bearing on the merits of the present application. The Court cannot be helpless and allow the convict to make a mockery of the criminal system. The respondent No. 2, who filed the complaint against the petitioners under Section 138 of Negotiable Instruments Act, 1881 on 8.5.2013, must be cursing the criminal system finding that neither he has received any money nor the petitioner No. 2 was arrested despite being convicted and has also not surrendered without any effective orders of suspension of substantive sentence at present from the High Court or any other Court. There are no merit or ground in the submission of the learned counsel for the petitioner No. 2 to allow the application and exempt the petitioner No. 2 from surrendering and grant suspension of the sentence during the pendency of the present revision petition at this stage - application dismissed.
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