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Issues involved: Revision petition u/s 397 read with 401 CrPC against conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881.
Summary: The accused petitioner filed a revision petition against the order of the First Appellate Court upholding his conviction and sentence for an offence u/s 138 of the Negotiable Instruments Act. The petitioner did not surrender before the Appellate Court, which was noted in the certificate filed. The complaint alleged that the accused issued a cheque that was dishonoured due to insufficient funds. The accused denied the charge and claimed false implication. Both parties presented evidence, with the accused claiming the amount borrowed was repaid, supported by documentary evidence. The trial court convicted the petitioner, and his appeal was dismissed by the Additional Sessions Judge. The High Court noted that the accused did not surrender before the Appellate Court, rendering the revision petition not maintainable. With concurrent findings by lower courts, the High Court dismissed the revision petition and the application seeking suspension of sentence. In conclusion, the High Court dismissed the revision petition as the accused did not surrender before the Appellate Court, making the petition not maintainable. The court found no grounds for interference in the concurrent findings of the lower courts.
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