LAWS(MPH)-1999-8-85

RAJJULAL JAIN Vs. VIJAY KUMAR MAHAVAR

Decided On August 03, 1999
Rajjulal Jain Appellant
V/S
Vijay Kumar Mahavar Respondents

JUDGEMENT

(1.) THE complainant has filed this revision against order dated 15.1.99 passed by III ASJ Jabalpur during pendency of Cr.A.No. 90/98 granting bail to the accused who is respondent before this Court. The amount of surety bond for his appearance was fixed as Rs. 15,000/ -. This is not in dispute by both the parties. It so appears from the record of the appellant Court. The complainant moved an application before the Sessions Court that the amount of surety bond should be enhanced but that was declined by order 15.1.99. This is also the subject matter of the present revision.

(2.) THE accused was convicted for offence u/s 138 of the Negotiable Instruments Act. He was sentenced to R.I. for 6 months and fine of Rs. 1,50,000/ -. It is strange that the magistrate passed sentence of so much fine, when the ordinary jurisdiction of the magistrate is limited to impose fine of Rs. 5,000/ - u/s 29 CrPC but that of course is not the question involved in this revision. The counsel for the petitioner herein wants the amount of surety bond to be enhanced.

(3.) THIS petition, being by the complainant, has no substance and is dismissed.