[2024:RJ-JP:29611] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 2/2024 Ashfaq Son Of Kallu Khan, Resident Of Sarovar, Nagar, Itawa Ward No. 26, Tehsil Pipalda, Dsitrict Kota (Rajasthan) ----Petitioner Versus Shrimati Prembai Wife Of Jamnashankar, Resident Of Neemsara Haal Mukaam Itawa Kota ----Respondent For Petitioner(s) : None For Respondent(s) : None HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/07/2024 1. Instant revision petition is preferred by petitioner-accused Ashfaq aggrieved from dismissal of appeal No. 227/2016 on 05.12.2023. Petitioner-accused-Ashfaq was convicted by learned Judicial Magistrate, Itawa, District Kota on 18.05.2016 in criminal case No. 162/2013 under Section 138, Negotiable Instruments Act and sentenced to undergo rigorous imprisonment of two years with fine of ₹2,00,000/-. 2. Learned Appellate Court while maintaining the order of conviction has modified the sentence and released petitioner- accused on probation under Section 4 of Probation of Offenders Act, provided that he deposits compensation of ₹1,80,000/- within one month but in case, petitioner-accused failed to deposit aforesaid then he is liable to undergo sentence as awarded by the Trial Court. 3. Till date, the compensation was not deposited by the petitioner-accused in pursuant to order dated 05.12.2023 in [2024:RJ-JP:29611] (2 of 2) [CRLR-2/2024] criminal appeal No. 227/2016, therefore, the sentence dated 18.05.2016 has revived. 4. Instant revision petition is preferred on 22.12.2023 and a Co-ordinate Bench has noticed that on 06.05.2024 that neither compensation amount was deposited nor petitioner has surrendered in the matter. 5. We have considered the maintainability of this revision petition filed without surrender as mandated under the law. 6. A co-ordinate Bench of this Court after considering the provision of law, the judgment of Hon’ble Supreme Court and several judgments of Co-ordinate Bench of this Court has decided a bunch of petitions on 27.09.2023 and in S.B. Criminal Revision Petition Nos. 894/2023, 39/2023, 556/2020, 706/2023, 962/2021, 1200/2019 and 1207/2019 has held that the revision petition is not maintainable without surrender and exemption from surrender cannot be granted under the law. 7. Rule 311(3) and 323 of the Rajasthan High Court Rules provides for surrender, therefore, it is mandatory to surrender before the Trial Court or the prison authority. 8. In view of aforesaid, the instant revision petition is devoid of merit and liable to be dismissed without consideration on merits. 9. In case, petitioner surrenders before the Trial Court or the prison authority and submits a certificate to this effect then he is entitled for revival of this revision petition. 10. Accordingly, the instant revision petition is hereby dismissed with all pending application(s), if any. (ASHOK KUMAR JAIN),J MONU /193-S