Authority: High Court of Punjab and Haryana at Chandigarh
Order Date: 15 July 2026
Case Overview
- Petitioner: Sukhchain Singh; Respondent: Fazilka Central Co‑operative Bank Ltd., represented by authorized signatory Subhash Chander.
- The petitioner filed a revision petition challenging: (i) the conviction and sentence dated 24 January 2019 by the Judicial Magistrate Ist Class, Fazilka under Section 138 of the Negotiable Instruments Act, imposing two years rigorous imprisonment and a compensation of Rs 12,00,000; and (ii) the dismissal of his appeal dated 22 May 2026 by the Additional Sessions Judge, Fazilka.
- The petitioner did not appear before the appellate court; the appeal was disposed of in his absence. He initially indicated willingness to surrender but later withdrew that intention.
- The legal issue centered on the interpretation of Sections 389 and 418 of the Code of Criminal Procedure (CrPC) concerning suspension of sentence pending appeal and execution of imprisonment, and on whether the High Court could, under its inherent powers (Section 482 CrPC), exempt the petitioner from surrender before entertaining a revision.
Final Outcome
- The Court held that because the petitioner failed to surrender after the appellate court’s dismissal, the High Court lacks jurisdiction to entertain the revision petition.
- Accordingly, the revision petition is dismissed as devoid of merit.
- Any pending applications, if any, are disposed of.
Topics: Court Proceedings, Criminal Law, Banking