THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1817 OF 2001. DATED: 05-10-2009. Between: Bhogi Dharma Raju and another … Appellants/Accused and State of A.P.rep. by Public Prosecutor, HighCourt of A.P. Hyderabad. …Respondent/Complainant THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO. 1817 OF 2001. JUDGMENT: This appeal by the appellants-A1 and A2 under Section 374 (2) Cr.P.C., is directed against the judgment, dated 30-11-2001, in C.C.No.52 of 1999, on the file of the Special Court under A.P. Co-Operative Societies Act, Vijayawada, whereunder and whereby the appellants were convicted and sentenced to undergo Rigorous Imprisonment for a period of one year each and also to pay a fine of Rs.1,000/- each, in default to undergo Simple Imprisonment for a period of three months each of the charge under Section 408 IPC. 2. In this case, the sentence is only one year. Against the sentence of not more than three years, the appeal shall lie to the concerned Sessions Court. The judgment delivered by the Presiding officer was in the cadre of Junior Civil Judge (at that time Munsif Magistrate). Therefore, the appeal does not lie to this Court, but to the concerned Sessions Division. 3. Therefore, the appeal is returned for presentation before the proper Court. Sentence of imprisonment is suspended for a period of two months from today to enable the appellants to file the appeal before the proper Court. 4. Accordingly, the Criminal Appeal is disposed of. --------------------- K.C.BHANU, J DATED: 05-10-2009 Hsd