TMI Blog2019 (7) TMI 1884X X X X Extracts X X X X X X X X Extracts X X X X ..... s appellate Court. During absconding of the applicant, revision is not tenable before this Court. The applicant has not filed any application to the effect that the applicant due to some disability could not appear before the Court and made a prayer to entertain the revision in the absconding stage of the applicant. Meaning thereby the applicant is not obeying the law. Legal maxim Dura Lex Sed Lex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Instruments Act and sentenced to undergo one year RI (two counts) in connection with two cheques and also ordered to pay ₹ 9,92,000/- as compensation to complainant under Section 357(3) of Cr.P.C. The applicant filed Criminal Appeal No.611/2016 before the 1st Additional Sessions Judge, Bhopal being aggrieved by the conviction and sentence passed by the Court of JMFC. Learned 1st Additional S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remained absconded not obeying the order passed by the trial Court as well as by the appellate Court. 4. Chapter-10 Rule 48 of the High Court of Madhya Pradesh Rules, 2008 reads as under : 48. A memorandum of appeal or revision petition against conviction, except in case cases where the sentence has been suspended by the Court below, shall contain a declaration to the effect that the convi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is not tenable before this Court. The applicant has not filed any application to the effect that the applicant due to some disability could not appear before the Court and made a prayer to entertain the revision in the absconding stage of the applicant. Meaning thereby the applicant is not obeying the law. Legal maxim Dura Lex Sed Lex, which means it is harsh, but it is the law , stands attrac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment of trial Court as well as appellate Court. He is again and again flouting the law. 7. In the same circumstances, this Court in the case of Deepak Sahu and others Vs. State of M.P., 2012(3) MPLJ 534 has held that a revision petition against conviction is tenable only when it contains a declaration to the effect that the convicted person is in custody or has surrendered after the convictio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
