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Criminal Revision Petition Format

Most relevant for HC.. Criminal Revision petition format

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E-25 Siddhesh B
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332 views

Criminal Revision Petition Format

Most relevant for HC.. Criminal Revision petition format

Uploaded by

E-25 Siddhesh B
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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IN THE COURT OF SESSIONS FOR GREATER MUMBAI, AT

MUMBAI
REVISION PETITION NO.______ OF 2009

In the matter under S.397 of the Criminal Procedure Code

AND

In the matter of Complaint u/s _____ of Cr.P.C. By 2 nd Court,


Metropolitan Magistrate xxxxxxx, in C.C. NO. xxxxxxxx

AND

In the matter of offence U/s. 138 of the Negotiable Instruments


Act

ABC )

, ) ..Petitioner

) Orig. Accused

V/s.

1) The State of Maharashtra )


2) XYZ ) ..Respondent
) Orig. Complainant

MAY IT PLEASE YOUR HONOR

Being aggrieved by the order dated 10th September passed by


Metropolitan Magistrate, 2ND Court, _______, in C.C.
No.__________, ordering the issuance of process under Section
138 of the Negotiable Instruments Acts, 1888 against the
Petitioner and further Sections ____ of Criminal Procedure Code,
the Petitioner is preferring this revision, challenging the
correctness and legality of the order on the following amongst
other grounds:-

I. GROUNDS
1. (Insert/ Plead facts and events chronologically)
2. The Learned Magistrate failed to appreciate that the ratio
laid down by the Bombay High Court in the case of
(insert case laws)

3. The Learned Magistrate arbitrarily held that the ratio laid


down in that case does not apply to the present case;

4. The Learned Magistrate failed to appreciate that s. 3 & s.


4 of _____ Act, has laid down that ______________can be by
the Accused.
5. The Learned Magistrate ought to have held that
_____________________________________ and therefore is
prima facie evidence of the _________________.

II. The Petitioner craves leave to add, alter or amend any


foregoing grounds.

III. The Petitioner submits that no other petition has been filed
or is pending in this Hon’ble Court or Hon’ble High Court at
Bombay.

IV. The Petitioner submits that the impugned order of was


passed on xxxxxxx and a copy of the same was furnished to
the Petitioner on xxxxxxxx and therefore this Petition is
within limitation.

V. PRAYERS
In view of the aforesaid facts and circumstances of this case, it is
most respectfully prayed that the Hon'ble Court may be pleased
to pass the order:

1. To call for the records, examine the same to satisfy itself as to


the correctness, legality and propriety and set aside the
impugned order no. __________ dated __________;
2. To remand the case to trial court for further evidence in
accordance with law and;

3. To pass any other or further order (s) as this court may deem
fit and proper in favour of the petitioner, in the interest of justice.

AFFIDAVIT

I,______________________, aged about ____years, S/d/o.


_________________ R/o. ____________ ______________ _____, do hereby
solemnly affirm and declare as under:-

1. That I am the Petitioner in the present Petition and as such I


am well conversant with the facts and circumstances of the
present matter and am competent to swear this affidavit.

2. That the accompanying Revision Petition U/s. 397 of Cr.P.C.


made against the order of the Trial Court has been drafted by my
counsel under my instructions.

3. The contents of the Petition and this affidavit have been read
over and explained to me and the same is true and correct. That
the contents of therein may be treated as part and parcel of this
affidavit as the same are not being repeated herein for the sake
of brevity.
4. That I have not moved any other similar petition, before this or
any other Court.

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the
contents of the above affidavit are true and correct to the best of
my knowledge and belief and nothing material has been
concealed therefrom.

Place: Mumbai

Dated:

DEPONENT

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