9911796707
TMI Blog2014 (2) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, was dismissed. The petitioner was sentenced to undergo rigorous imprisonment for one year besides payment of fine of Rs. 5,000/- and in default thereof to undergo further rigorous imprisonment for seven days. 2. Before proceeding further it is apposite to mention that at the time of delivery of the judgment by the learned Additional Sessions Judge, Fast Track Court (Adhoc), Jalandhar, the petitioner did not remain present and the judgment was pronounced in his absence. The present criminal revision petition has been filed by the petitioner without surrendering before the learned lower Appellate Court. In other words, the petitioner was not in custody at the time of filing of the present criminal revision petition, therefore, he is avoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behind the bars. 6. Concededly, it is not a case where the learned lower Appellate Court had suspended the sentence and granted time to the petitioner to file the present petition. In that eventuality, on course this Court can accept the prayer and allow him to remain on bail if the provision so permit. Even otherwise, this Court has perused the facts of the case, which can be summarized as under:- 7. The respondent, Narinder Pal Singh Shergill, had filed a complaint for prosecution of the petitioner, Satish Tandon, on the allegations that he (petitioner) took Rs. 7,50,000/- from the respondent-complainant and in discharge of the liability issued Cheuqe No. 811159, dated 5.4.2001, drawn on HDFC Bank Ltd., Amaltas Co. Op. Soc. Ltd., Juhu- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act and awarded the sentence as has been described in the initial part of the judgment. 11. The petitioner was not satisfied with the judgment of conviction and the order of sentence passed by the learned Trial Court, therefore, filed an appeal before the learned Additional Sessions Judge, Fast Track Court (Adhoc), Jalandhar, but thereafter in the month of February, 2013, he absented himself and never appeared before the learned lower Appellate Court, therefore, the said Court was constrained to pronounce the judgment in the absence of the petitioner. The learned lower Appellate Court also concurred its findings with the judgment delivered by the learned Trial Court and dismissed the appeal. 12. Learned counsel representing the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
