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2004 Supreme(Kar) 283

K.RAMANNA
NAGARAJ – Appellant
Versus
GOWRAMMA – Respondent


Advocates:
C.RAMAKRISHNAN, GANGAIAH, L.M.PANDURANASWAMY

K. RAMANNA, J.

( 1 ) THIS petition is directed against the order dated 25-6-1999 passed by the XIII Addl. Chief Metropolitan magistrate, Bangalore, in C. C. No. 16399/97 and order dated 26-9-2001 passed by the I Addl. City Civil and Sessions Judge, Bangalore, in Crl. R. P. No. 239/99, whereby the Addl. C. M. M. , Bangalore, convicted this petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to "the N. I. Act") and sentencing him to pay a fine of Rs. 10,000/-, in default to pay the fine amount he shall suffer S. I. for two months. Whereas, 1st Addl. City Civil and Sessions Judge allowed Crl. R. P. No. 239/99 filed by the respondent for inadequate sentence awarded by the trial court under Section 397, Cr. P. C. Therefore, assailing both the orders the petitioner has come up with this petition under Section 482, Cr. P. C. on the ground that the learned sessions Judge exceeded his jurisdiction and exercised revisional jurisdiction provided under the Criminal Procedure Code, 1973 which amounts to abuse of due process of law and miscarriage of Justice. Further, it is alleged that, though the alleged cheque, as shown in the complain














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