S.397 cr.p.c.

manisha ajit joshi (Querist) 16 November 2011 This query is : Resolved
will the s.397 cr.p.c. applicable for enhancement of quntum of punishment u/s 138? have the sessions court powers to try revision?what is the court fee? I am for the complainant.

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Rajeev Kumar (Expert) 16 November 2011
Sec.397 is applicable only on calling for records to excercise power of revision. It cann't be applicable in enchancement of punishment provided in any section of the any code

Guest (Expert) 16 November 2011
397 gives power to sessions and highcourt. plain reading of the section did not have any such power vested to sessions.

Raj Kumar Makkad (Expert) 16 November 2011
Section 397 Cr. PC empowers Sessions or High court to call relevant record from lower court for the purpose of revision and 138 NI case also comes within this section. Criminal revision filing requires only nominal court fee of Rs. 10/- (In various States including my state Haryana).

As you are a junior lawyer, take help of local senior lawyer.

Guest (Expert) 16 November 2011
agree with Mr. Makkad.

Devajyoti Barman (Expert) 17 November 2011
Yes this is very much revisional power of the sessions court which is not limited to calling for the records alone.
This section makes it amply clear that the power of revision under this section is equal to power of appeal.

So revision very lies under this section and the court fees in WB is mere Rs 30/-.

Shonee Kapoor (Expert) 17 November 2011
Agreed with Ld. Mr. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Swetambara Purohit (Expert) 17 November 2011
Agreed with experts...cout fees in orissa in filing revisions are rupess 6/-.

Guest (Expert) 05 December 2011
Agree with Shri Makkad.

V R SHROFF (Expert) 22 December 2012
Though revision filing court fee is nominal, in case of accused , an amount of 25% of compensation or thereabout is payable to admit revision.

Raj Kumar Makkad (Expert) 29 December 2012
*Shroff sir! The provision you told is not applicable in all State. This may be in Tamilnadu only.

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