Section 439(3) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(3)Where the sentence dealt with under this section has been passed by a Magistrate acting otherwise than under section 34, the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the accused has committed, than might have been inflicted for such offence by a [Judicial Magistrate of the first class] [Substituted by Act XL of 1966 for 'a Magistrate of the first class'.].
