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1996 Supreme(Guj) 424

M.R.CALLA
H. M. JOSHI – Appellant
Versus
MANOJKUMAR JAIN – Respondent


Advocates Appeared: A.R.Thakkar, H.R.PRAJAPATI, J.R.Nanavati, M.J.BUDDHBHATTI, UMESH TRIVEDI

M. R. CALLA, J.

( 1 ) THE question which has engaged the attention of this Court in these three matters is as to whether a party like Municipal Corporation (not being State as such) has the remedy of revision under Sec. 397 of the Criminal procedure Code before the Sessions Court, if it is aggrieved against the inadequacy of the sentence ? In this context the relative scope and amplitude of Secs. 377, 386, 397 and 401 (4) is required to be considered and further that in case such revision is held to be legally maintainable, whether the order passed by the Sessions Court rejecting the revision on the ground of the same being not maintainable is open to be remedied by this Court under Sec. 482 Cr. P. C. ? criminal Appeal No. 832 of 1995 the Chief Judicial Magistrate, Bhavnagar passed an order dated 5-3-1993 whereby he imposed a fine of Rs. 300. 00 in default to undergo 5 days S. I. for the offence under Sec. 398 of the Bombay Provincial Municipal Corporations Act, 1949 in Criminal Case No. 16809 of 1993 against the respondent No. 1 for a Municipal offence in the matter of evasion of octroi. Against this order dated 5-3-1993, the bhavnagar Municipal Corporation preferred a Criminal Rev











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