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TMI Blog2020 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... r has also challenged the order dated 14.5.2019 passed by learned Additional Sessions Judge (Women Atrocities Cases), Udaipur (for short 'the appellate court') whereby, the appellate court upheld the order dated 21.8.2015 passed by the trial court. Learned counsel for the petitioner has submitted that compromise has been arrived at between the parties on 17.1.2020 and as per the said compromise, the petitioner has paid the whole amount to the respondent No.2. Learned counsel for the petitioner has further submitted that in view of the fact that the parties have entered into compromise, the impugned orders may kindly be set aside and the petitioner be acquitted from the charge of offence punishable under Section 138 of the N.I. Act. The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an interlocutory order. In case, a revision petition were to be filed against an interlocutory order, according to Section 397(2) Cr.P.C., the said petition is "not maintainable" although such a petition may be presentable, if it were accompanied with the requisite documents/papers. Thus, it seems to be a misnomer that in case the said certificate does not shows the fact that the revisionist has surrendered, the petition, ipso facto, become "not maintainable". In fact, in case the petition is not accompanied with such a certificate, the petition merely becomes non-presentable by the registry. 12. The words "if he was on bail, he has surrendered to it" cannot be stretched to the point that these words require that the revisionist/appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutional, such an interpretation should be avoided like the plaque. 15. Therefore, this Court is of the opinion that the non-surrender of the appellant or revisionist would not make the appeal or the petition "non-maintainable". The non-surrender would merely mean that the appeal or the petition has not been presented properly before the registry. Therefore, the preliminary objection raised by the learned Public Prosecutor is unacceptable." In view of the above, the office objections are overruled. Learned counsel for the respondent No.2 has verified that the matter has been compromised between the parties and the due amount has already been paid by the petitioner to the respondent No.2. Section 147 of the N.I. Act reads as under :- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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