NAYAK PRAHLADBHAI BHOGILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a Criminal Revision Application under Sec.401 read with Sec.397 of the Criminal Procedure Code, 1973 (for short "Cr.P.C.), filed by the original accused of Criminal case, Chief Case No.35 of 1985 pending on the file of the learned Chief Judicial Magistrate, Mahesana (who will be referred to hereinafter as the "learned Magistrate" for the sake of convenience, challenging the correctness, legality and propriety of Judgment Ex.9 rendered by the learned Additional Sessions Judge, Mahesana (who will be referred to hereinafter as "learned Appellate Judge" for the sake of convenience in Criminal Appeal No.5 of 1990 on 20th April, 1990, whereby the learned Appellate Judge was pleased to confirm the judgment Exh.49 and order of conviction and sentence rendered by the learned Magistrate on 26th December, 1989 in Chief Case No.35 of 1985. The learned Magistrate convicted the accused for an offence punishable under Sec.408 of Indian Penal Code (for short "I.P.Code") and sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.5,000.00, I/D to further undergo Simple Imprisonment for six months. Here in this Criminal Revision Application, the original petitioner was the accused in Chief Case No.35 of 1985, whereas the revision opponent i.e. the State of Gujarat was the prosecution in that case before the trial court, and therefore, for the sake of convenience, the parties will be referred to hereinafter as the complainant, accused and prosecution respectively at appropriate stages.

(2.) The facts leading to this Criminal Revision Application, in a nutshell, are as follows:-

(3.) The learned Magistrate, thereafter heard the arguments of the learned advocates of both the parties. And thereafter, on perusal of the record and proceedings of the case, and after appreciating the evidence, the learned Magistrate has come to the conclusion that case against the accused for an offence punishable under Sec.408 of I.P.Code is proved beyond reasonable doubt, and therefore, by rendering his Judgment dt. 26/12/1989 in Criminal Case No. 35 of 1985, the learned Magistrate convicted the accused for an offence punishable under Sec.408 of I.P.Code, and after hearing the accused on the point of quantum of sentence, he sentenced the accused to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.5,000.00 and I/D to further undergo Simple Imprisonment for one month.