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2022 (11) TMI 144 - HC - Indian LawsDishonor of Cheque - power of revision provided under Sections 357 and 401 of Cr.P.C. - failure on the part of the courts below to appreciate and re-appreciate the evidence - HELD THAT:- The power of revision available to this court is no more res-integra. In this context, I am inclined to refer the power of revision available to this Court under Section 401 of Cr.P.C r/w Section 397, which is not wide and exhaustive to re-appreciate the evidence to have a contra finding. In the decision STATE OF KERALA, MANAGING DIRECTOR, WESTERN INDIA PLYWOODS VERSUS PUTTUMANA ILLATH JATHAVEDAN NAMBOODIRI [1999 (2) TMI 676 - SUPREME COURT] the Apex Court, while considering the scope of the revisional jurisdiction of the High Court, laid down that the said revisional power cannot be equated with the power of an appellate court nor can it be treated even as a second appellate jurisdiction. Ordinarily, therefore, it would not be appropriate for the High Court to reappreciate the evidence and come to its own conclusion on the same when the evidence has already been appreciated by the Magistrate as well as the Sessions Judge in appeal, unless any glaring feature is brought to the notice of the High Court which would otherwise tantamount to gross miscarriage of justice. On scrutinising the impugned judgment of the High Court from the aforesaid standpoint, we have no hesitation to come to the conclusion that the High Court exceeded its jurisdiction in interfering with the conviction of the respondent by reappreciating the oral evidence. In another decision reported in SANJAYSINH RAMRAO CHAVAN VERSUS DATTATRAY GULABRAO PHALKE AND OTHERS [2015 (1) TMI 1332 - SUPREME COURT], the Apex Court held that the High Court in exercise of revisional jurisdiction shall not interfere with the order of the Magistrate unless it is perverse or wholly unreasonable or there is non-consideration of any relevant material, the order cannot be set aside merely on the ground that another view is possible. The Revision Petitions stand allowed in part - Considering the request made by the learned counsel for the revision petitioner, one months' time from today is granted to the revision petitioner to pay the fine and to undergo the sentence imposed by the appellate court and modified by this Court - The revision petitioner shall appear before the trial court on 18.11.2022 to pay the fine and to undergo the sentence.
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