BHARATH ENGINEERING Vs. LAVANYA HOTELS PVT. LTD.

JUDGEMENT

(1.) HEARD the counsel appearing for the Petitioner.

(2.) PETITION is filed by the Petitioner under Section 407 Code of Criminal Procedure to transfer the Criminal Appeal No. 71 of 2004 from the file of Fast Track Court No. IV, Bhavani to this Court to be heard along with Crl. R.C. No. l161 of 2004, which is pending for enhancement of the sentence.

(3.) THE scope of enquiry in a first appeal is entirely different viz., to go into the assessment of the evidence of the trial Court and the reasonings, whereas the scope of enquiry in a Criminal revision case for enhancement of sentence is limited to assess whether the sentence has to be enhanced or not. In that view of the matter, common points for determination are not involved. If Crl.A. No. 71 of 2004 is transferred to this Court, the Respondents/accused would be deprived of an opportunity of appeal, which would cause prejudice to them. If at all this Court enhances the sentence in Crl.R.C.I 161 of 2004, there would be no difficulty in adding the same in the sentence imposed by the Judicial Magistrate in C.C. No. 183 of 1999. In that view of the matter, no valid grounds are made out to transfer the Crl.A. No. 71 of 2004 pending on the file of Fast Track Court No. IV, Bhavani to the file of this Court. The petition is dismissed. Consequently, Crl.M.P. No. 8657 of 2004 is also dismissed.