IN THE HIGH COURT OF MADHYA PRADESH
Criminal Revision No. 852 /2020
APPLICANT: SHYAM
VERSUS
RESPONDENTS: RAM
INDEX
Sl. Description of Documents Annexure Page No. of
No. No.(if any) the
Document
01. Index
02. Memorandum of the Revision
petition
03. Impugned order dated
04. List of documents
05. Copy of Judgment of learned
Trial Court dated
06. Vakalatnama
Place: ……….. (XYZ)
Date: ………….. Advocate for the applicant
IN THE HIGH COURT OF MADHYA PRADESH
Criminal Revision No. 852 /2020
APPLICANT: SHYAM
VERSUS
RESPONDENTS: RAM
CRIMINAL REVISION UNDER SECTION 397/401 OF THE CODE OF
CRIMINAL PROCEDURE 1973
Being aggrieved by Order dated 25th December 2018 passed by
Additional Session Judge, in Criminal Appeal No., affirming the order
dated passed by Additional Chief Judicial Magistrate, in Criminal Case
No…., whereby, Learned Trial Court rightly convicted for offence
punishable under section 420/34 of the Indian Penal Code and sentenced
her to undergo 7 year rigorous imprisonment as well as imposed fine of Rs.
25,000/- each and in lieu of fine amount 1 year rigorous imprisonment .
Learned Trial Court also ordered to disburse Rs. 24,000/- out of fine
amount Rs. 25,000/- amongst eight aggrieved persons. Applicant preferred
appeal against order dated 28th October 2016under section 372 read with
section 357 (1) (D) of Criminal Procedure Code, 1973 for enhancement of
awarded fine amount, whereby learned Appellate Court dismissed the
appeal and affirmed the Judgment of learned Trial Court.
Applicant’s Rs. 13,30,000=00 is in possession of respondents.
Applicant seek enhancement of compensation amount, so that some of his
amount which is in possession of respondents be recovered. The applicant
begs to prefer this criminal revision on the following brief facts and
grounds:-
(a) Facts of the case in brief:
1. That, prosecution story in brief is that, a written complaint was
submitted on 6th sep 2006 before police officials of Police Station
RAJWADA with a contention that several meetings were conducted in
the house of respondents situated at Rajwada indore during 7.06.2007
to 17.06.2008 in which respondents claimed that they have registered
a company which gives 3 to 5 percent dividends. Applicant alongwith
other aggrieved persons are retired employees of Transport
Corporation, Applicant alongwith other aggrieved persons handed over
their entire savings. On fraudulent inducement of respondent instant
applicant gave Rs. 8,00,000=00 to respondents. Respondents also
gave several advance cheques to applicant alongwith other aggrieved
persons, so that they don’t trace out respondent’s cheating and fall in
the impression that their money is in save hands.
2. That, when respondents do not pay dividends to applicant alongwith
other aggrieved persons for a very long time, then they present
cheques in their respective banks. The said cheques were dishonored
on account of closing of Bank Account. On enquiry applicant get to
know that all the respondents conspired together and a well organized
racketeering and rapscallion is committed against her. Applicant
shocked and surprised when she gets to know that respondents have
already left out the city, and they are in a hurry to flee their country and
are planning to shift in abroad.
3. That, thereafter, immediately applicant lodged First Information Report
(Ex.P-) bearing crime no 852 for offence punishable under Section 406
read with 34 of Indian Penal Code. Charges were framed against
respondents for offence punishable under Section 406, 420 read with
34 of Indian Penal Code.
4. That, after recording evidences learned Trial Court has convicted and
sentenced respondent no. 1 for offence punishable under section
420/34 of the Indian Penal Code and sentenced her to undergo 7 year
rigorous imprisonment as well as imposed fine of Rs. 25,000/- each
and in lieu of fine amount 1 year rigorous imprisonment . A copy of the
Judgment dated 28th october is being filed here with as Annexure P-1.
That, l earned Trial Court also ordered to disburse Rs.
24,000/- out of fine amount Rs. 25,000/- amongst eight aggrieved
persons.
5. That, applicant preferred appeal against order dated 04.08.2018 under
Section 372 read with Section 357 (1) (D) of Criminal Procedure Code,
1973 for enhancement of awarded fine amount. Applicant’s Rs.
13,30,000=00 is in possession of respondents. Applicant seek
enhancement of compensation amount, so that some of his amount
which is in possession of respondents be recovered. But learned
Appellate Court dismissed the appeal and affirmed the Judgment of
learned Trial Court. The order impugned is illegal, improper and
contrary to the provisions of law, hence this criminal revision.
(b) Grounds:
A. For that, by dismissing the appeal learned Appellate Court acts
contrary to the sole of Section 372 of Criminal Procedure Code,
1973.
B. For that, by dismissing the appeal very purpose of Section 372 of
Criminal Procedure Code, 1973 rendered immaterial and useless.
C. For that, applicant should be compensated with adequate
compensation. Rs. 3,000=00 is an inadequate compensation.
D. For that, sentence of 7 year rigorous imprisonment to respondent
no. 1 is good and sustainable in the eye of law, but fine of Rs.
25,000/- is too meager. The order to disburse Rs. 3,000=00 to every
aggrieved person is bad in law because respondents possess
Lakhs of rupees of applicant and other aggrieved persons.
E. For that, applicant’s Rs. 13,30,000=00 is in possession of
respondents. Applicant seek enhancement of compensation
amount, so that some of her amount which is in possession of
respondents be recovered.
F. For that, while granting fruit of bail at the time of trial Hon’ble The
High Court ordered to deposite Rs. 5,00,000=00 to respondent no.
1. Respondent no. 1 complies with the order of Hon’ble The High
Court. The same amount is deposited in account, but even today
same is yet is not settled. Applicant also can be compensated with
that amount too.
G. For that, learned Courts below ordered to disburse compensation
amount equally, despite the fact that applicant is one of the most
aggrieved person amongst all of them. Compensation amount
should be awarded as per ratio of the share which was cheated with
them.
(d) Relief Prayed for:
It is, therefore, prayed that, the criminal revision may kindly be
allowed and the impugned order dated 25th December 2018 kindly be
set-aside and respondents be directed to Compensation in the interest
of justice.
Place: Jabalpur (XYZ)
Date: 25th December 2018 Advocate for the applicant
