Section 138 of Negiotiable Instruments Act

madhukar (Querist) 02 January 2010 This query is : Resolved
Is second revision of Sec 138 cases (petty case) admissible/tenable in High Court especially if read with Sec 397(3) and 399(3) of CrPC

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Devajyoti Barman (Expert) 02 January 2010
If a Revision case is disposed of by the Sessions Court then no second Revision case lies before the High Cort under the said sections though an application for quashing the impugned order can be filed before the High Court u/s 482 of CrPC.

kanhaiyalal ojha (Expert) 03 January 2010
I agree with D Barman. ---K L Ojha,advocate,Jharkhand High court,Ranchi-M-09431902920.

madhukar (Querist) 03 January 2010
Thank you for your valuable opinions. The Lower Court had ordered simple imprisonment of 6 mts in case of default of payment of compensation. This was upheld by the Sessions Court as it converted this petty case into the 1st revision. However, both the revisions (1st with the Sessions Court and now 2nd with the High Court) were made u/s 401 of CrPC but not u/s 482. Is is tenable in law and on what grounds?

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