9911796707
TMI Blog2014 (2) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... evision petition, but that has to be done only when the petitioner is behind the bars - 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. 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, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 avoiding his arrest from the time the learned first appellate Court decided the appeal. 3. At the hearing, a specific question was put to the learned counsel for the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ₹ 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-Yersova Link Road, Andheri (W), Mumbai-49. On presentation, the same was returned with the remarks "FUNDS INSUFFICIENT". The respondent-complainant completed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 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 petitioner could not point out any illegality or perversity in the impugned judgments. The findings recorded by the learned two Courts below are well based since ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
