In Re: Dhondi Nathaji Raut

Pratt, J.—In this case the Additional Sessions Judge of Sho lapur convicted the accused on the 19th of August 1919 of the offences under Sections 409 and 467, Indian penal Code, and sentenced him to two years and six months'' rigorous imprisonment and Rs. 50 in each case, sentences to run consecutively. The Sessions Judge omitted to pass a sentence in default of payment of fine. This oversight he purported to correct by a subsequent order of 29th September 1919 imposing three months'' rigorous imprisonment in default of payment of fine. This subsequent order is the subject of a revisional application submitted by the accused. The Sessions Judge had no power to review his order; for Section 869, Criminal Procedure Code, expressly prohibited him from doing so. This had been recognised in Queen-Empress v. queen Empress v. Ganesh Ramkrishna I.L.R (1897) Bom. 50. The proper course would have been for him to submit the proceeding to this Court and ask this Court in its revisional jurisdiction to enhance the punishment by inflicting imprisonment in default of payment of fine. This is what we can now do, and we accordingly reject this application.