JANARDAN BALIRAM Vs. GOVERNMENT PLEADER, DURG

JUDGEMENT

(1.) THIS is a revision by the accused against his conviction under section 500, Indian Penal Code and the sentence of a fine of Rs. 200, or in default simple imprisonment for three months, passed by the Additional Sessions Judge, Narsimhapur, at Camp Durg, in Criminal Case No.1 of 1964 dated 27 -12 -1968.

(2.) THE learned Government Advocate raised a preliminary objection to the effect that the judgment of the trial Court is appealable and consequently this Court ought not to entertain a revision. Attention was invited to section 413, Criminal Procedure Code which lays down that "Notwithstanding anything contained, there shall be no appeal by a convicted person in cases in which . . . . a Court of Sessions passes a sentence of imprisonment not exceeding one month only or m which a Court of Sessions or District Magistrate or other Magistrate of the first class passes a sentence of fine not exceeding fifty rupees only". As the fine imposed was Rs. 200, an appeal will lie under section 410, Criminal Procedure Code. Where an appeal lies, a revision would be barred, as provided by section 439 (5), Criminal Procedure Code. For this reason, I am of opinion that the present revision cannot be entertained, especially when the remedy of an appeal is open to the petitioner. However, the present revision can as well be treated as an appeal, especially when no question of court -fees is involved, nor is the question of limitation involved. The petitioner affixed more court -fees than what might be required for an appeal and the revision was filed even before a fortnight of the impugned judgment. For these reasons I treat the present revision as an appeal and direct that the same shall be registered as memorandum of appeal and numbered accordingly.

(3.) HOWEVER , section 198 -B, Criminal Procedure Code provides as under -