Friday, December 8, 2023

Convicted man cannot continue as notary: Madhya Pradesh High Court

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The Madhya Pradesh High Court observed that a man who has been convicted, would not be entitled to continue as a Notary.

The Division Bench of Chief Justice Ravi Malimath and Justice Purushaindra Kumar Kaurav dismissed the Petition challenging the order dated 03.09.2021 passed by the state (Department of Law) whereby, his Notary certificate has been cancelled. The petitioner has also sought for quashing of the order dated 11.09.2021 passed by the Administrative officer of Session Judge, Tikamgarh intimating him that his Notary certificate has been permanently cancelled and his name has been removed from Notary register.

The case of the petitioner is that he was granted a Notary certificate from the concerned authority. The said certificate is being granted to him ever since the year 1994. The latest certificate was granted vide order dated 11.12.2015 which was said to expire on 15.12.2020. Therefore, the petitioner on 04.06.2020 applied to the concerned District & Sessions Judge for renewal. Thereafter, in the month of August, 2020, the application was sent to the Law and Legislative Department, Madhya Pradesh, Bhopal.

However, by the impugned orders his Notary certificate has been cancelled on the ground that the petitioner has been convicted for the offence punishable under Sections 420 and 471 of the IPC and sentenced to undergo imprisonment with fine as mentioned in the judgment of conviction and order of sentence dated 07.06.2019 passed by the Second Additional Sessions Judge, Tikamgarh.

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Counsel for the petitioner contended that against the judgment passed by the trial Court, the petitioner has preferred an appeal before the High Court . The jail sentence was already suspended by the Trial Court till 07.07.2019 and in appeal, the High Court vide order dated 29.08.2019 has enlarged the petitioner on bail during pendency of the appeal. Therefore, pending consideration of the appeal, the impugned order may be set aside and he may be permitted to continue as a Notary.

However, on hearing the counsels, the Court do not find any merit in the petition.

It is observed by the Court that the license has been withdrawn in view of the conviction that the petitioner has suffered in a court of law. Therefore, a man who has been convicted, would not be entitled to continue as a Notary. Whether the appeal is allowed or not is of no consequence so far as renewal is concerned. Hence, the Bench find no good ground to entertain the petition. Accordingly, the writ petition is dismissed.

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