1 Cri-Appeal-175-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPEAL NO. 175 OF 2011 Angad Rambhau Jadhavar .. Appellant vs. State of Maharashtra .. Respondent Mr. A.M.Savagave, i/b. Shriniwas S. Patwardhan, Advocate, for the appellant. Mr.Rajesh More, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 10th March, 2011. P.C. 1. Heard. 2. The appellant was summoned to be a witness, but inspite of service, he remained absent and the trial Court issued bailable warrant against him and secured his presence. Thereafter, notice under Sec. 350 Cr.P.C. was issued. The case was tried by the Additional Sessions Judge, Gadhinglaj. After hearing the accused, the learned Addl. Sessions Judge convicted and sentenced him to pay fine of Rs.100/- and in default to undergo simple imprisonment for one day under Sec. 350 Cr.P.C. That order is sought to be challenged in the present Appeal. 3. The learned Counsel for the appellant contends that when there is a conviction under Sec. 350 Cr.P.C. the appeal lies to the Court to which the decree 2 Cri-Appeal-175-11.sxw and orders of such Court are ordinarily made appealable as the order is passed by the Addl. Sessions Judge, the appeal will lie to the High Court. However, sub- section (2) of Section 351 clearly lays down that the provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under Section 351. Chapter XXIX deals with appeals. Section 376 Cr.P.C. provides that in certain petty matters, appeal will not lie. It provides that there shall be no appeal by a convicted person if he is convicted by the Court of Sessions or Metropolitan Magistrate and such Court or Magistrate has passed only sentence of imprisonment for a term not exceeding three months or a fine not exceeding rupees two hundred or of both such imprisonment and fine. In the present case, the learned Additional Sessions Judge awarded sentence of fine of Rs.100/- only. Therefore, in vie of the provisions of Sec. 376 (b), the order is not appealable. 4. Therefore, the Appeal stands dismissed. (J.H.BHATIA,J.)