The victim's right to appeal under Section 372 Cr.P.C. is limited to acquittal or conviction for lesser offences, not for enhancement of sentence.

ORDER :

This Criminal Revision Case is filed challenging the order dated 30.03.2023 passed by the Principal Sessions Judge, Chennai in Crl.M.P.No.800 of 2023 in Crl.A.SR.No.630 of 2023, in dismissing the condone-delay-petition filed for condoning the delay of 15 days in filing appeal against the judgment passed in C.C.No.391 of 2017, dated 15.11.2022 by the Metropolitan Magistrate for CCB and CB-CID cases, Egmore, Chennai.

2. The petitioner is the Joint Managing Director of the Company, namely M/s.Vivek Limited, and he lodged a complaint against the accused before the Commissioner of Police, Chennai. The said complaint was forwarded to the Deputy Commissioner of Police, CCB, Chennai and it was again forwarded to the CCB, Egmore, Chennai, for investigation. After conducting preliminary enquiry, the Sub-Inspector of Police, CCB, Egmore, Chennai registered a case in Crime No.607 of 2009 for the offences under Section 408, 420, 465 and 468 IPC against (i) Raja, Manager (A1), (ii) Tmt.Sheela Anand, Operations Head (A2); (iii) Karthikeyan, Mobile Phone in-charge (A3) and others of Vivek Ltd, Chennai. Even while the investigation was progressing, on the basis of the order passed by this Court in Crl.O.P.No.7176 of 2010, dated 01.04.2010, the investigation was transferred from Central Crime Branch (i.e. CCB), Chennai to the first respondent/Inspector of Police, Crime Branch CID, Metro Wing, Egmore, Chennai-600 008, and in turn, the first respondent-Inspector of Police, after completion of the investigation, laid chrage-sheet before the Metropolitan Magistrate for Exclusive Trial of CCB Cases, Chennai, in respect of a cheating case in Chennai and CB-CID, Metro Cases, Chennai. The same was taken on file in C.C.No.391 of 2017. The Metropolitan Magistrate, after framing charges and after completing the trial, found that the respondents 2 to 7 herein colluded and sentenced all the accused as follows:

(i) Under Section 120-B IPC - six months rigorous imprisonment and fine of Rs.2,000/-, in default, to undergo one month rigorous imprisonment;

(ii) Under Section 408 IPC - 3 years rigorous imprisonment and fine of Rs.5,000/-, in default, to undergo three months rigorous imprisonment;

(iii) Under Section 465 read with Section 109 IPC - one year rigorous imprisonment;

(iv) Under Section 468 IPC - three years rigorous imprisonment and fine of Rs.5,000/- each, in default, three months rigorous imprisonment;

(v) Under Section 471 read with Section 109 IPC - three years rigorous imprisonment and fine of Rs.5,000/- each, in default to undergo three months rigorous imprisonment.

The trial Court ordered the sentences imposed on all the accused to run consecutively by order dated 15.11.2022.

3. On being dis-satisfied with the inadequacy of the sentence and fine, the revision petitioner/P.W.1 filed an appeal before the Principal Sessions Court, Chennai in Crl.A.SR.No.630 of 2023 with a delay of 15 days in filing the said appeal before the Sessions Court. The learned Principal Sessions Judge, Chennai dismissed the petition filed for condoning the delay, in Crl.M.P.No.800 of 2023 in Crl.A.SR.No.630 of 2023, holding that the said condone-delay-petition is not maintainable, and thereby, the said Crl.M.P. was dismissed on 30.03.2023, against which, the present revision petition is filed before this Court by P.W.1.

4. Learned counsel for the petitioner submitted that on reviewing the financial statement for the quarter ending 30.06.2009 by the Manager (Accounts), Jainsons Head Office, it came to know that the revision petitioner's Luz (Chennai) Branch had made a gross loss of 22.50% below their cost when compared with the other Branch Offices. The physical stock verification was done at the petitioner/P.W.1's Branch and it was found that there was huge shortage of stocks and the stock deviation report confirmed huge loss of stock items, namely, Air-conditions (i.e. A/c), refrigerators, washing machines, televisions, LCD, Audio systems and DVD micro-wave ovens, mobile ph