Dishonour of Cheque

NI ACT Section 138 

Dishonour of Cheque 

Section 397 CRPC 

Revisional Jurisdiction  

Duty of Court 

Held 

That the revisional power cannot be equated with the power of an appellate court nor can it be treated even as a second appellate jurisdiction. 

Ordinarily, therefore, it would not be appropriate for the High Court to reappreciate the evidence and come to its own conclusion on the same when the evidence has already been appreciated by the Magistrate as well as Sessions Judge in appeal, unless any glaring feature is brought to the notice of the High Court which would otherwise tantamount to gross miscarriage of justice. 

[Para 7]

Kehar Singh vs Manju 

CRL-R 273/17 14/09/21 

[ SANDEEP JJ ]

[ HIMACHAL PRADESH HIGH COURT ]