Accused - habitual offender so we are planning to go further judgemen

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S.Gunasekar Advocate Answer. In a situation like this, where you have received a judgment against the accused under Section 138 of the Negotiable Instruments Act (NI Act) and you are considering further legal action to enhance the sentence or compensation, you would typically have two options: Review or Revision. However, it's essential to understand the differences and the proper procedure. Review: A review petition can be filed if there is a clerical mistake, error of judgment, or if there are new facts that could not be presented in the original trial. However, a review is typically not a tool to challenge the decision based on disagreement with the outcome or to increase the sentence or compensation. In criminal matters, especially under the NI Act, increasing compensation or altering the sentence would not typically be addressed via a review. Revision: Under Section 397 of the Criminal Procedure Code (CrPC), a revision petition can be filed to challenge the judgment of the Magistrate's Court. Revision petitions can be filed to correct errors of law, excessiveness of the sentence, or improper application of the law. In your case, where you are seeking to increase the sentence (imprisonment) or compensation, a revision would be the appropriate recourse. Key points for filing a revision: You can file the revision before the Sessions Court within 90 days from the date of the judgment. You must show that the lower court made an error in the application of law or that the sentence/compensation awarded is inadequate, considering the habitual nature of the accused. If the accused has repeatedly failed to pay or is a habitual offender, this can be emphasized in the revision petition to request a higher sentence or compensation. Given your objective to increase both the imprisonment and compensation amount due to the habitual nature of the accused, a revision would be the correct legal remedy. You should ideally consult your lawyer, who can help prepare the petition, focusing on the facts of the case and the history of the accused's behavior. Suggested Steps: Consult your lawyer: Make sure to provide all details and evidence regarding the habitual nature of the accused’s offenses and their non-compliance with previous judgments. Draft and file the revision petition: Focus on the inadequacy of the punishment and compensation awarded, presenting a strong argument for an increase. Follow up: After filing, follow up with the court regarding the progress and any hearings. Ensure that the petition is filed within the prescribed time limits, and take necessary steps to highlight the accused's failure to comply with prior judgments as part of your argument for a higher sentence and compensation.

Advocate S Gunasekar LawRato