T G JOBE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an accused in a prosecution under Section 138 of the N.I Act. He was found guilty, convicted and sentenced by the learned Magistrate. The appellate and revisional Courts have also upheld the verdict of guilty and conviction. The court of revision noted that a sentence of fine of Rs.40,000/- was imposed by the court below and the said sentence does not comply with the mandate of Section 29 Cr.P.C. The learned Judge in revision, set aside the sentence and sent the matter back to the learned Magistrate for fresh disposal.

(2.) The petitioner has come to this Court with the submission that even before this Court disposed of the revision, the petitioner was compelled to suffer imprisonment for 3 months as the default sentence. That fact was omitted to be brought to the notice of the Judge who disposed of the revision petition. It is now a traversity of justice that the petitioner must be compelled to go before the learned Magistrate again. In these circumstances, it is prayed that the order passed in revision may be set aside and the petitioner may not be compelled to face the trauma of any continued further proceedings. The petitioner had undergone imprisonment as early as in 1997/1998, it is submitted.

(3.) The plight of the petitioner deserves sympathy. But legally, the order passed in revision by another Bench of this Court cannot be modified or altered by invoking the powers under Section 482 Cr.P.C. The Court was satisfied that the sentence imposed was legally incorrect. It is only for that reason that the matter was sent back to the Magistrate.