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Is revision in the high court for punishment u/s 138 NI Act valid
08-Mar-2023 (In Cheque Bounce Law)
Accused has been punished by Magistrate under sec 255(2) Crpc with fine of rs10000/- under sec 138 and 142 of Negotiable Instrument Act. Now petitioner went to High Court for revision of punishment under sec 397 and 401 of Crpc. Whether the revision is maintainable or some other procedure was to be followed like appeal under sec 372 and 374(3) Crpc. Please mention reference cases also for petitioner as well as defendant.
Yes the accused reserves the right to appeal in a high court under section 397 and 401 of CrPC and the same maybe allowed depends upon the discretion of court as whether the appeal is maintainable or not.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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