T JAYARAJAN Vs. P R MUHAMMED

JUDGEMENT

(1.) This Crl.M.C. is filed by the complainant in C.C. No. 436/95 on the file of the Addl. Chief Judicial Magistrate's Court, Thalassery to set aside the order dated. 6.6.98 passed by the Sessions Court, Thalassery in Crl.R.P. No. 50/98.

(2.) The petitioner filed a private complaint against the 1st respondent alleging offence punishable under S.138 of the Negotiable Instruments Act. The Trial Court after trial found the 1st respondent guilty of the offence punishable under S.138 of the N.I. Act, convicted and sentenced him to undergo rigorous imprisonment for 4 months. The complainant filed Crl.R.P. No. 50/98 before the Sessions Court, Thalassery for enhancement of the sentence awarded by the Trial Court. The learned Sessions Judge by order dated 6.6.1998 dismissed the revision petition by finding that a revision petition by the complainant for enhancement of the sentence is not maintainable before the Sessions Court. This Crl.M.C. is filed to quash the order passed by the Sessions Court.

(3.) The contention of the 1st respondent, accused before the Trial Court was that under S.377 of the Cr.P.C. remedy is provided to prefer appeal to the High Court against the sentence on the ground of its inadequacy. The Crl.R.P. filed by the petitioner before the Sessions Court and the Crl.M.C. filed by him before this Court under S.482 of the Crl.P.C: are not sustainable.