G.S.AHLUWALIA,J. - (1.)This petition under Section 482 of CrPC has been filed against the judgment dated 08/11/2017, passed by Fifth Additional Sessions Judge, Shivpuri in Criminal Appeal No.500055/2016, by which the judgment dated 27/01/2016 passed by JMFC, Shivpuri in Criminal Case No.1268/2015, has been affirmed. The applicant has been convicted for offence under Section 138 of Negotiable Instruments Act and has been directed to undergo the rigorous imprisonment of one year with a compensation of Rs.5,50,000/-.
(2.)The present petition under Section 482 of CrPC has been filed for seeking the quashment of judgments passed by the appellate Court as well as by the trial Court. It appears that after the judgment passed by the appellate Court on 08/11/2017 in Criminal Appeal No.500055/2016, the applicant has not surrendered.
(3.)In the case of Deepak Sahu and Others v. State of MP reported in 2012 (3) MPLJ 534 , this Court has held that a criminal revision against the judgment passed by the appellate Court is not maintainable if the accused has not surrendered. Although criminal revision under Section 397/401 of CrPC would lie against the judgment dated 08/11/2017, passed by Fifth Additional Sessions Judge, Shivpuri in CrA No.500055/2016, but it appears that in order to avoid to surrender before the trial Court, this petition under Section 482 of CrPC has been filed. A thing which cannot be done directly, cannot be allowed to be done indirectly. The applicant wants to get rid of the judgment passed by the appellate Court in Criminal Appeal, by filing the present petition under Section 482 of CrPC. The same cannot be allowed. When the criminal revision is maintainable, then the same should be filed and if the High Court Rules and Orders require that the applicant must surrender before filing of the revision, then it has to be followed.