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2022 (7) TMI 1455 - SUPREME COURTDishonest intention of cheating - Deceiving complainant and public at large under the guise of wrong information, that their Company is recognized by Reserve Bank of India - on taking deposit the amount of such deposit was not returned at the time of maturity and their deposit amount is misappropriated - HELD THAT:- There are concurrent findings of conviction arrived at by two Courts after detailed appreciation of the material and evidence brought on record. The High Court in criminal revision against conviction is not supposed to exercise the jurisdiction alike to the appellate Court and the scope of interference in revision is extremely narrow. Section 397 of Criminal Procedure Code (CrPC) vests jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court. The object of the provision is to set right a patent defect or an error of jurisdiction or law. As per the settled legal position and after conviction by the Trial Court and the Appellate Court on filing the revision the High Court maintained the conviction upholding the findings of the two courts. The High Court found the finding recorded by the two Courts to serve the sentence consecutively by the appellant and the other co-accused were not correct, hence set aside and directed to run such sentence concurrently - the finding of fact as recorded by the Trial Court and the Appellate Court has rightly not been interfered while maintaining the conviction against the appellant. There is no infirmity in the order passed by the High Court. Accordingly, the appeal is dismissed.
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