9911796707
TMI Blog2020 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... acquitted from the charge under Section 138 of the N.I. Act. - S.B. Criminal Revision Petition No. 194/2020 - - - Dated:- 24-2-2020 - MR. JUSTICE VIJAY BISHNOI For Petitioner(s) : Mr. Sudheer Sharma For Respondent(s) : Mr. Sharvan Bishnoi, P.P. Mr. H.P. Rankawat for respondent No.2 Order This criminal revision petition has been preferred on behalf of the petitioner being aggrieved with the order dated 21.8.2015 passed by the learned Additional Chief Judicial Magistrate, Vallabhnagar, District Udaipur (for short the trial court ) whereby, the trial court has convicted the petitioner for the offence punishable under Section 138 of the N.I. Act. The petitioner has also challenged the order dated 14.5.2019 passed by lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he paper book, the registry is empowered to point out the defect and claim that because of the defect , the petition cannot be accepted. 11. However, maintainability of a petition deals with whether the petition can be heard under the law or not? Therefore, the submission of the certificate or the lack of such certificate with the body of the petition adversely affects only its presentability before the registry itself. It does not and cannot affect its maintainability under the law before the Court. The maintainability of a revision petition would have to be seen in the light of Section 397 read with Section 401 Cr.P.C. Section 397(2) prohibits the filing of a revision petition against an interlocutory order. In case, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of suspension of sentence. 13. Secondly, since there is no such requirement under Section 374 or under Section 397 read with Section 401 and 374 Cr.P.C. prior to filing of appeal/revision petition, the rules cannot be permitted to insert a condition which does not exist in the parental law. 14. Thirdly, such an interpretation of the rules would make the rules unconstitutional. For, such a rule would jeopardize the personal liberty of a person. Moreover, such a rule would be against the concept of due process of law as contained in Article 21 of the Constitution of India. Therefore, an interpretation which leads either to anomalous situation, or to the declaration of a provision of law as unconstitutional, such an interpret ..... X X X X Extracts X X X X X X X X Extracts X X X X
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