IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Criminal Revision Petition No.745/2007 Pyarelal Vyas (deceased) S/o Bhonrelal Vyas Versus Ramjas Yadav S/o Surajbhan Yadav & State of Rajasthan Date of Order ::: 27.02.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri M.M. Ranjan, Counsel for petitioner Smt. Nirmala Sharma, PP, for the State #### By the Court:- Heard learned counsel for the petitioner. The complainant-petitioner has preferred this revision petition against the impugned judgment dated 17th April, 2007, passed by the Additional Chief Judicial Magistrate No.2, Alwar. The grievance of the petitioner is that, in the facts and circumstances of the case, the accused- non-petitioner should have been sentenced with imprisonment and further that the disputed Cheque was issued for Rs.60,000/-, whereas the trial court has imposed fine of Rs.52,000/- only. Section 378 of the Code of Criminal Procedure, 1973, has been amended with effect from 23rd June, 2006, and, as per the amended provision, if an order of acquittal has been passed by a Magistrate in respect of cognizable and non-bailable offence, then the same is appealable before the Court of Sessions. Earlier against the order of acquittal or on feeling aggrieved on account of inadequacy of sentence, the revisions on behalf of complainant were being filed directly in this Court but now Section 378 of the Cr.P.C., as stated above, has been amended. The jurisdiction of revision before this Court and the Court of Sessions is concurrent, but normally this Court does not entertain the revision petition directly without filing the revision before the Court of Sessions Judge, therefore, the petitioner may approach the Court of Sessions Judge by way of appeal or revision. The learned counsel for the petitioner seeks permission to withdraw the revision petition with liberty to file a fresh revision against the same impugned order before the Court of Sessions. He submits that the certified copy of the impugned order may be ordered to be returned to him. He further submits that the revision petition before this Court was filed within the period of limitation, therefore, three weeks time may be granted to him to file the same before the Court of Sessions Judge. The prayer of the learned counsel for the petitioner is allowed. The revision petition is disposed of with liberty to the petitioner to file a fresh revision petition against the impugned order dated 17.04.2007 before the concerned Court of Sessions Judge. It is directed that in case the revision petition is preferred within a period of three weeks from today then the revisional court will decide the same in accordance with law. The Registry is directed to return the certified copy of the impugned order dated 17.04.2007 to the learned counsel for the petitioner. (Narendra Kumar Jain) J. //Jaiman// S.No.S-6