SANJEEV MISHRA Vs. MANOJ JAIN

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the judgment dated 9-8-2001, passed by IIIrd Addl. Sessions Judge, Indore, in Criminal Revision No. 448/2000, dismissing petitioners' aforesaid revision for enhancement of sentence solely on the ground that the Sessions Court has no power to enhance the sentence.

(2.) On a complaint made by the petitioners under Section 138 of the Negotiable Instruments Act, accused-respondent Manoj Jain was convicted and sentenced to pay fine Rs. 2,500/- as also the compensation by Judicial Magistrate, First Class, Indore, in Criminal Case No. 31/1999. Dissatisfied with the quantum of sentence, complainant-petitioners preferred revision (Cr. Rev. No. 546/2000) before this Court. In the meanwhile, the accused-respondent filed appeal (No. 221/2000) against his conviction in the Sessions Court, Indore, which was ultimately made over to IIIrd ASJ, Indore. On being informed about filing of the appeal by the accused-respondent, this Court vide its Order dated 16-11-2000, transferred the petitioners' aforesaid revision to the Sessions Court for being heard together with the appeal filed by the respondent. The said revision was then registered in the Court below at No. 448/2000. Learned ASJ by a common judgment dated 9-8-2001 dismissed both the appeal of the respondent and the revision of the complainant-petitioners. While the appeal was dismissed on merits, the revision was dismissed solely on the ground that the Sessions Court has no jurisdiction to entertain a revision for enhancement of sentence. The learned ASJ placed reliance on a decision of this Court in Kalloo Khan, 2000 (3) MPLJ 384 : (2001 Cri LJ 873).

(3.) I have heard Mr. R. S. Chhabra, learned Counsel for the petitioners and Mr. M. D. Sinha, learned Counsel for the respondent.