G.M. Gangadharaiah vs V.S. Prabhakar Dixit

V. Jagannathan

This Criminal Revision Petition is by the accused calling in question the order of the revisional court i.e., F.T.C., in Cri. Rev. Petition. No. 268/2007, whereby the revisional court has enhanced the fine amount by Rs. 25,000/- in addition to Rs. 2,00,000/- ordered by the trial court. At the outset, the submission made by the Learned Counsel for the respondent is that, the petitioner did not challenge his conviction by the trial court and preferred any revision petition before the lower appellate court but on the other hand, it was the complainant who approached the revisional court for enhancement of the fine amount and though the cheque amount is Rs. 1,90.000/-, the trial court had sentenced the accused to pay Rs. 2,00,000/- and, therefore, the complainant sought for enhancement of the fine amount and, accordingly, the revisional court enhanced the fine amount by Rs. 25,000/-. Therefore, the revision petition is liable to be dismissed.

Having thus heard both sides, as the petitioner did not challenge his conviction u/s 138 of the N.I. Act by the trial court, the question of now permitting the petitioner to question his conviction does not arise. Moreover, the complainant approached the revisional court for enhancement of the fine amount, which was marginally enhanced by Rs. 25,000/- by the revisional court. As such, the petition lacks merit and is accordingly dismissed.