Tare, J. - 1. This is a revision by the accused against his conviction under section 500, Indian Penal Code and the sentence of a fine of Rs. 200, or in default simple imprisonment for three months, passed by the Additional Sessions Judge, Narsimhapur, at Camp Durg, in Criminal Case No.1 of 1964 dated 27-12-1968.

2. The learned Government Advocate raised a preliminary objection to the effect that the judgment of the trial Court is appealable and consequently this Court ought not to entertain a revision. Attention was invited to section 413, Criminal Procedure Code which lays down that "Notwithstanding anything contained, there shall be no appeal by a convicted person in cases in which . . . . a Court of Sessions passes a sentence of imprisonment not exceeding one month only or m which a Court of Sessions or District Magistrate or other Magistrate of the first class passes a sentence of fine not exceeding fifty rupees only". As the fine imposed was Rs. 200, an appeal will lie under section 410, Criminal Procedure Code. Where an appeal lies, a revision would be barred, as provided by section 439 (5), Criminal Procedure Code. For this reason, I am of opinion that the present re