IN THE HIGH COURT OF…………………………………

Criminal Revision No. /2020

APPLICANT: ………….

VERSUS

RESPONDENTS: ……………..

INDEX
Sl. Description of Documents Annexure Page No. of

No. No.(if any) the

Document
01. Index
02. Memorandum of the Revision

petition
03. Impugned order dated

04. List of documents

05. Copy of Judgment of learned

Trial Court dated

06. Vakalatnama

Place: ……….. (…………….)

Date: ………….. Advocate for the applicant
 IN THE HIGH COURT OF ………………………………...
Criminal Revision No. /2020

APPLICANT: ………….
 VERSUS

RESPONDENTS: ……….………

CRIMINAL REVISION UNDER SECTION 397/401 OF THE CODE OF

CRIMINAL PROCEDURE 1973

Being aggrieved by Order dated……….., passed by Additional

Session Judge, in Criminal Appeal No., affirming the order dated passed

by Additional Chief Judicial Magistrate, in Criminal Case No…., whereby,

Learned Trial Court rightly convicted for offence punishable under section

420/34 of the Indian Penal Code and sentenced her to undergo 7 year

rigorous imprisonment as well as imposed fine of Rs. 25,000/- each and in

lieu of fine amount 1 year rigorous imprisonment . Learned Trial Court also

ordered to disburse Rs. 24,000/- out of fine amount Rs. 25,000/- amongst

eight aggrieved persons. Applicant preferred appeal against order dated

…………….under section 372 read with section 357 (1) (D) of Criminal

Procedure Code, 1973 for enhancement of awarded fine amount, whereby

learned Appellate Court dismissed the appeal and affirmed the Judgment

of learned Trial Court.

Applicant’s Rs. 13,30,000=00 is in possession of respondents.

Applicant seek enhancement of compensation amount, so that some of his

amount which is in possession of respondents be recovered. The applicant

begs to prefer this criminal revision on the following brief facts and

grounds:-

(a) Facts of the case in brief:

1. That, prosecution story in brief is that, a written complaint was

submitted on ……..before police officials of Police Station

…………….with a contention that several meetings were conducted in

the house of respondents situated at …………………during 7.06.2007

to 17.06.2008 in which respondents claimed that they have registered

a company which gives 3 to 5 percent dividends. Applicant alongwith

other aggrieved persons are retired employees of Transport

Corporation, Applicant alongwith other aggrieved persons handed over

their entire savings. On fraudulent inducement of respondent instant

applicant gave Rs. 8,00,000=00 to respondents. Respondents also

gave several advance cheques to applicant alongwith other aggrieved

persons, so that they don’t trace out respondent’s cheating and fall in

the impression that their money is in save hands.

2. That, when respondents do not pay dividends to applicant alongwith

other aggrieved persons for a very long time, then they present

cheques in their respective banks. The said cheques were dishonored

 on account of closing of Bank Account. On enquiry applicant get to

know that all the respondents conspired together and a well organized

racketeering and rapscallion is committed against her. Applicant

shocked and surprised when she gets to know that respondents have

already left out the city, and they are in a hurry to flee their country and

are planning to shift in abroad.

3. That, thereafter, immediately applicant lodged First Information Report

(Ex.P-) bearing crime no…….. for offence punishable under Section

406 read with 34 of Indian Penal Code. Charges were framed against

respondents for offence punishable under Section 406, 420 read with

34 of Indian Penal Code.

4. That, after recording evidences learned Trial Court has convicted and

sentenced respondent no. 1 for offence punishable under section

420/34 of the Indian Penal Code and sentenced her to undergo 7 year

rigorous imprisonment as well as imposed fine of Rs. 25,000/- each

and in lieu of fine amount 1 year rigorous imprisonment . A copy of the

Judgment dated ……….. is being filed here with as Annexure P-1.

That, l earned Trial Court also ordered to disburse Rs.

24,000/- out of fine amount Rs. 25,000/- amongst eight aggrieved

persons.
 5. That, applicant preferred appeal against order dated 04.08.2018 under

Section 372 read with Section 357 (1) (D) of Criminal Procedure Code,

1973 for enhancement of awarded fine amount. Applicant’s Rs.

13,30,000=00 is in possession of respondents. Applicant seek

enhancement of compensation amount, so that some of his amount

which is in possession of respondents be recovered. But learned

Appellate Court dismissed the appeal and affirmed the Judgment of

learned Trial Court. The order impugned is illegal, improper and

contrary to the provisions of law, hence this criminal revision.

(b) Grounds:

A. For that, by dismissing the appeal learned Appellate Court acts

contrary to the sole of Section 372 of Criminal Procedure Code,

1973.

B. For that, by dismissing the appeal very purpose of Section 372 of

Criminal Procedure Code, 1973 rendered immaterial and useless.

C. For that, applicant should be compensated with adequate

compensation. Rs. 3,000=00 is an inadequate compensation.

D. For that, sentence of 7 year rigorous imprisonment to respondent

no. 1 is good and sustainable in the eye of law, but fine of Rs.
 25,000/- is too meager. The order to disburse Rs. 3,000=00 to every

aggrieved person is bad in law because respondents possess

Lakhs of rupees of applicant and other aggrieved persons.

E. For that, applicant’s Rs. 13,30,000=00 is in possession of

respondents. Applicant seek enhancement of compensation

amount, so that some of her amount which is in possession of

respondents be recovered.

F. For that, while granting fruit of bail at the time of trial Hon’ble The

High Court ordered to deposite Rs. 5,00,000=00 to respondent no.

1. Respondent no. 1 complies with the order of Hon’ble The High

Court. The same amount is deposited in account, but even today

same is yet is not settled. Applicant also can be compensated with

that amount too.

G. For that, learned Courts below ordered to disburse compensation

amount equally, despite the fact that applicant is one of the most

aggrieved person amongst all of them. Compensation amount

should be awarded as per ratio of the share which was cheated with

them.
(d) Relief Prayed for:

It is, therefore, prayed that, the criminal revision may kindly be

allowed and the impugned order dated………………may kindly be set-

aside and respondents be directed to ………………..in the interest of

justice.

Place: ………….. (………………..)

Date: …………… Advocate for the applicant

IN THE HIGH COURT OF …………………………………….

Criminal Revision No. /2020

APPLICANT: ………….
 VERSUS

RESPONDENTS: ………………….

LIST OF DOCUMENTS
Sl. Description of Date of Original/ Number

No. Documents documen Copy of page

t
01.

Place: ……… (……………………)

Date: ………… Advocate for the applicant