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vignesh Achar (advocate)     04 September 2009

revision not clubbed with disposed appeal

sir, In a cheque dishonour case, accused was convicted with fine equaling the cheque amount. there after the accused files a appeal against it. simultaneously the complainant files a revision for enhancement of the compensation amount. Both proceedings were in the same sessions court. but it was not clubbed. thereafter the court, decides the appeal confirming the conviction. but while the revision still remains pending. now when the revision is to be argued for enhancement of the compensation amount, the judge says, its not maintainable. is it so? whether, because, the appellate court has confirmed the sentence, it cannot now enhance the sentence? whether the revision is maintainable, after the appellate verdict? kindly advice... thanks in advance.


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 2 Replies

PARTHA P BORBORA (advocate)     04 September 2009

YES IT IS NOT MAINTAINABLE BECAUSE THE TRIAL COURT IMPOSES AN AMOUNT EQUAL TO THE CHEQUE AMOUNT AS FINE. AND IN A CASE U/S. 1380N. ACT IT IS THE MAXIMUM AMOUNT OF FINE. SO UR REVISION IS NOT MAINTAINABLE.
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Shivasurya (Lawyer)     04 September 2009

The revision for enahancement of the compensation amount is not maintainable the order of lower court is final in respect of ompensation u/s.138, NI Act. And the trial court can impose only  fine amount by Rs.5,000/-. In such situation, the only remedy of the comlainant to approach civil court to recover his money.
 


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