PALADUGU SRIMANNARAYANA Vs. BONU SEETHA DEVI

JUDGEMENT

(1.) The petitioner had submitted a complaint before the Court of Judicial Magistrate of First Class, Special Mobile Court, West Godavari, Eluru, against the 1st respondent under Section 138 of Negotiable Instruments Act. The same was tried as C.C.No.63 of 2002. After trial, the trial Court found the 1st respondent guilty of the offence under Section 138 of the Negotiable Instruments Act. Accordingly, it convicted her for the same. The trial Court sentenced the 1st respondent to pay a fine of Rs.3,000/- and in default to undergo simple imprisonment for three months. This revision is filed by the complainant alleging inter-alia that having regard to the fact that the 1st respondent was found to have issued a cheque for Rs.30,000/-, the same having been dishonoured when presented, letting of the 1st respondent with a fine of Rs.3,000/- has virtually resulted in miscarriage of justice.

(2.) This Court ordered notice before admission on 5.2.2003. The 1st respondent since entered appearance, the learned counsel for the 1st respondent submits that even the conviction against her was without basis and challenging the conviction and sentence against her, she had preferred Crl.A.No.224 of 2002 on the file of the II Additional District Judge, Eluru.

(3.) In as much as, the conviction and sentence against the 1st respondent are the subject matter of appeal preferred by her, this Court has considered the feasibility of permitting the petitioner herein to prosecute her remedy of revision before the same Court to avoid conflict of decisions. The learned counsel for the petitioner as well as learned Public Prosecutor have submitted that the revision is filed seeking enhancement of the sentence against the 1st respondent and the High Court alone is competent to undertake the same.