Brij Kishore v. Gouri Shanker (Mrat) Dwara Smt Jaijuvar - MP HC Rules - Prior Surrender Requirement - Criminal Appeal & Revision
High Court of Madhya Pradesh Rules, 2008 - Rule 48, Chapter 10 - Prior Surrender Requirement - This Rules provide that Memorandum of appeal or revision petition against conviction, except in cases where the sentence has been suspended by the Court below, shall contain a declaration to the effect that the convicted person is in custody or has surrendered after the conviction. prior surrender requirement - SC held: Although, the validity of Rule 48 of the Rules, 2008 is not a subject matter of challenge before us, yet we are of the view that the High Court on its administrative side should have a re-look at this Rule 48.
Case Info
Extracted information from the judgment
Case name:Brij Kishore v. Gouri Shanker (Mrat) Dwara Smt Jaijuvar
Neutral citation:Not mentioned in the extracted text.
Coram:Hon’ble Mr. Justice J.B. PardiwalaHon’ble Mr. Justice Ujjal Bhuyan
Judgment date:06 May 2026
Caselaws and citations referred:No prior judicial precedents or case citations are mentioned in the extracted text.
Statutes / laws referred:
- Section 138 of the Negotiable Instruments Act, 1881
- Rule 48, Chapter 10 of the High Court of Madhya Pradesh Rules, 2008
- Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (referred to as “the Sanhita, 2023”)
Brief summary (three sentences)
The appellant was convicted by the Trial Court under Section 138 of the NI Act and his conviction and one-year simple imprisonment with a fine of Rs. 65,000 were upheld in appeal; a first revision before the High Court was withdrawn because he had not surrendered as required by Rule 48 of the Madhya Pradesh High Court Rules, 2008. After the appellant settled the dispute and paid Rs. 1,00,000 to the complainant, the High Court still declined to entertain his second revision on the ground that he had not surrendered, despite acknowledging the settlement. The Supreme Court held that, in such circumstances, it was excessive for the High Court to insist on prior surrender, noted that Rule 48 needs reconsideration on the administrative side, and set aside the conviction and fine, allowing the appeal.