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Issues involved: Revision petition u/s 397 read with 401 CrPC against order of conviction and sentence for offence u/s 138 of Negotiable Instruments Act, 1881. Maintainability of revision petition due to non-surrender of accused before Appellate Court.
Details of the judgment: Issue 1: Conviction and sentence under Section 138 of Negotiable Instruments Act, 1881 The accused petitioner filed a revision petition against the order of conviction and sentence passed by the First Appellate Court. The complaint alleged that the accused issued a cheque which bounced due to insufficient funds. The non-petitioner filed a criminal complaint under the Negotiable Instruments Act, and the Court took cognizance. The non-petitioner provided evidence, and the petitioner denied issuing the cheque but did not present any defense. The Trial Court convicted the petitioner and sentenced him to 6 months' simple imprisonment and a fine of Rs. 5000. The appeal filed by the petitioner was dismissed by the Additional Sessions Judge. Issue 2: Maintainability of revision petition The petitioner did not surrender before the Appellate Court at the time of judgment pronouncement, as required by law. The Trial Court has the power to suspend the sentence for one month under Section 389(3) CrPC if the convicted person intends to appeal. However, the Appellate Court does not have the discretion to suspend the sentence during the pendency of appeal. In this case, since the accused did not surrender and the revision petition was filed without the required certificate of custody, it was held that the revision petition was not maintainable. The High Court ruled that the revision petition deserves to be dismissed due to the non-surrender of the accused and the absence of the required certificate of custody. Therefore, the High Court dismissed the revision petition and the stay application was also disposed of accordingly.
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