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Judgment
Shivashankar Amarannavar, J
This appeal is filed under Section 374(2) of Cr.P.C praying to set aside the order passed in Crl.Rev.P.No.365/2010 by the LV Additional City Civil and Sessions Judge, Bengaluru.
The appellant –accused has been convicted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I.Act” for brevity) in C.C.No.12579/2009 by the XVI Additional Chief Metropolitan Magistrate, Bengaluru by judgment dated 27.09.2010 and sentenced to pay fine of Rs.25,000/-.
Respondent –complainant has challenged the sentence passed in C.C.No.12579/2009 in Crl.Rev.P.No.365/2020 before the LV Additional City Civil and Sessions Judge, Bengaluru. The said revision petition came to be allowed and the sentence has been enhanced to fine of Rs.1,35,000/- by order dated 05.03.2019 by the LV Additional City Civil and Sessions Judge, Bengaluru.
The said order of enhancement of the fine passed in Criminal Rev.P.No.365/2010 dated 05.03.2019 by the LV Additional City Civil and Sessions Judge, Bengaluru has been challenged in this appeal.
The appellant –accused has not challenged the judgment of conviction passed in C.C.No.12579/2009 dated 27.09.2010. The order of conviction has not been passed by the Sessions Court but it is passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru.
The present appeal filed under Section 374(2) of Cr.P.C challenging the order enhancing sentence passed in Crl.Rev.P.No.365/2010 is not maintainable.
Hence, the appeal is dismissed as not maintainable.
In view of the disposal of the appeal, IA No.2/2019 does not survive for consideration.
Hence, IA No.2/2019 is disposed of.