Sunil Sharma vs Shivraj Pathak

NEUTRAL CITATION NO. 2026:MPHC-GWL:26071
1 MCRC-37221-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
st
ON THE 31 OF AUGUST, 2026
MISC. CRIMINAL CASE No. 37221 of 2026
SUNIL SHARMA
Versus
SHIVRAJ PATHAK
Appearance:
Shri Yash Sharma - Advocate for the petitioner.
None for respondent, though served.
ORDER
The petitioner has preferred the present petition under Section 482 of
the Cr.P.C./Section 528 of the BNSS, 2023, seeking quashment of the order
dated 24.11.2025 passed by the Trial Court as well as the order dated
11.04.2026 passed by the Revisional Court in Criminal Revision
No.143/2025 and further seeking a direction to the Trial Court for
release/disbursement of an amount of Rs.2,13,200/- in favour of the
petitioner.
Learned counsel for the petitioner submits that the petitioner had filed
an application before the Trial Court seeking appropriate relief with regard to
20% of the compensation amount of Rs.10,66,000/-. The said application
came to be rejected by the Trial Court vide order dated 24.11.2025. Being
aggrieved, the petitioner preferred Criminal Revision No.143/2025.
However, the Revisional Court, vide impugned order dated 11.04.2026,
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 9/1/2026
4:06:59 PM

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dismissed the revision without examining the legality and correctness of the

order dated 24.11.2025 on merits, merely on the ground that Criminal
Revision No.165/2026 was pending before this Court.
It is further submitted that the petitioner had deposited an amount of
Rs.2,13,200/-, being 20% of the compensation amount of Rs.10,66,000/-,
before the Trial Court pursuant to the order passed in the appellate
proceedings. The said deposit is reflected from Book No.6094 and Receipt
No.37.
The learned counsel further submits that the original proceedings arise
out of a complaint under Section 138 of the Negotiable Instruments Act,
1881. The Trial Court, vide judgment dated 01.05.2025, convicted the
respondent for the offence punishable under Section 138 of the Negotiable
Instruments Act and sentenced him to undergo eight months' simple
imprisonment and further directed payment of compensation of
Rs.10,66,000/- under Section 357(3) of the Cr.P.C, with one month's simple
imprisonment in default thereof.
It is submitted that the appeal preferred by the respondent was
dismissed by the Vth Additional Sessions Judge, Morena, vide order dated
07.11.2025 and the conviction recorded by the Trial Court was affirmed. The
respondent thereafter preferred Criminal Revision No.5648/2025 before this
Court, which was dismissed on the ground of maintainability, with liberty to
file a fresh revision after surrender. Thereafter, the respondent filed Criminal
Revision No.165/2026 after surrender, which is presently pending before this
Court.
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 9/1/2026
4:06:59 PM

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Learned counsel for the petitioner also submits that the respondent had

earlier filed I.A. No.8396/2026 in Criminal Revision No.165/2026 seeking
disbursement of the amount deposited pursuant to the appellate order.
However, the said application was withdrawn vide order dated 01.07.2026
with liberty to avail the appropriate remedy in accordance with law.
None for the respondent, though served.
Heard learned counsel for the petitioner and perused the record.
From the material available on record, it is apparent that the Trial
Court, vide judgment dated 01.05.2025, convicted the respondent for the
offence punishable under Section 138 of the Negotiable Instruments Act and
directed payment of compensation of Rs.10,66,000/-. The said judgment was
thereafter subjected to appellate scrutiny and the appeal preferred by the
respondent was dismissed by the Vth Additional Sessions Judge, Morena,
vide order dated 07.11.2025.
It is also not in dispute that an amount of Rs.2,13,200/-, equivalent to
20% of the compensation amount of Rs.10,66,000/-, has already been
deposited before the Trial Court pursuant to the order passed in the appellate
proceedings.
The grievance of the petitioner before the Revisional Court was
against the specific order dated 24.11.2025 whereby the Trial Court had
declined the relief sought by the petitioner. The legality and correctness of
the said order was required to be examined by the Revisional Court in
accordance with law. Merely because Criminal Revision No.165/2026,
arising from a different order and concerning the challenge to the conviction
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 9/1/2026
4:06:59 PM

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and appellate judgment, was pending before this Court, the Revisional Court

could not have declined to examine the challenge before it without recording
appropriate reasons.
The pendency of Criminal Revision No.165/2026 by itself does not
render the proceedings in Criminal Revision No.143/2025 infructuous. The
two proceedings arose from different orders and involved different questions.
If the Revisional Court was of the view that the relief sought by the
petitioner was dependent upon the outcome of the proceedings pending
before this Court, it was incumbent upon the Revisional Court to record
appropriate reasons and pass an order in accordance with law. A mechanical
dismissal of the revision merely by referring to the pendency of another
proceeding does not constitute proper adjudication of the grievance raised by
the petitioner.
This Court is also of the considered view that the question regarding
custody and release of the amount already deposited before the Trial Court
deserves to be considered keeping in view the fact that the respondent has
already suffered conviction before the Trial Court and the said conviction has
also been affirmed by the Appellate Court. Though the challenge to the
conviction is stated to be pending before this Court in Criminal Revision
No.165/2026, no order has been brought to the notice of this Court which
would justify indefinite retention of the amount of Rs.2,13,200/- deposited
pursuant to the appellate proceedings.
The amount in question is not an amount alleged to have been
independently deposited by the petitioner. It is the amount deposited by the
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 9/1/2026
4:06:59 PM

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respondent pursuant to the order passed in the appellate proceedings towards

the compensation. In the facts and circumstances of the case, particularly
when the conviction has already been recorded by the Trial Court and
affirmed in appeal, and the amount of Rs.2,13,200/- is lying deposited with
the Trial Court, the petitioner is entitled to appropriate consideration of its
release in accordance with law.
It is true that the proceedings arising from the conviction are presently
pending before this Court. However, mere pendency of such proceedings
cannot, in the facts of the present case, be treated as an absolute bar against
release of the amount already deposited, particularly when the amount
represents only 20% of the compensation awarded by the Trial Court and the
conviction has already been affirmed by the Appellate Court. The interest of
justice would be adequately protected by making the release subject to the
final outcome of the pending proceedings and to such further orders as may
be passed by the competent Court.
In view of the aforesaid discussion, this Court finds that the impugned
order dated 11.04.2026 passed in Criminal Revision No.143/2025 cannot be
sustained. The Revisional Court failed to exercise the jurisdiction vested in it
by law by declining to examine the challenge to the order dated 24.11.2025
on its own merits.
Consequently, the present petition is allowed. The order dated
24.11.2025 passed by the Trial Court in the proceedings arising out of SC
(NIA) No.139/2022, as well as the order dated 11.04.2026 passed by the
Revisional Court in Criminal Revision No.143/2025, are hereby set aside.
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 9/1/2026
4:06:59 PM

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The Trial Court is directed to take necessary consequential steps for

release/disbursement of the amount of Rs.2,13,200/- deposited before it, in
favour of the petitioner, after due verification of the deposit and identity of
the person entitled to receive the same.
The release of the aforesaid amount shall remain subject to the final
outcome of Criminal Revision No.165/2026 pending before this Court and
any further order that may be passed by the competent Court in relation to
the said amount. In the event of any order requiring restitution or adjustment
of the amount, the petitioner shall abide by such order in accordance with
law.
With the aforesaid directions, the present petition stands allowed and
disposed of.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal

Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 9/1/2026
4:06:59 PM