N S SHAH Vs. C M TRIVEDI

JUDGEMENT

(1.) The petitioner-accused who was working as a registered clerk to Advocates of this Court had misappropriated an amount of Rs. 6,835.00 entrusted to him by the respondent No. 1-Advocate Shri C. M. Trivedi for the purpose of making payment of Court-fee stamp which amount, Advocate Shri C. M. Trivedi had received from his clients. * with Misc. Criminal Application No. 733 of 1981 against the judgment passed by Addl. Sessions Judge, Ahmedabad in Criminal Appeal No. 210 of 1980.

(2.) The petitioner-accused was tried for the offence punishable under Secs. 406 and 448 of the Indian Penal Code ("Code" for short) before the Court of learned Chief Metropolitan Magistrate, Ahmedabad. The learned Chief Metropolitan Magistrate found the petitioner-accused guilty for the offence punishable under Sec. 408 of the Code and the petitioner-accused was ordered to suffer Rigorous Imprisonment for one year and to pay a fine of Rs. 1000.00 in default to further undergo 3 months' Rigorous Imprisonment.

(3.) The petitioner-accused had challenged the aforesaid order before the learned Addl. City Sessions Judge, Ahmedabad City, Ahmedabad and the learned Addl. City Sessions Judge, has observed that, since the appeal is only against the sentence, it is not necessary for him to examine the legality of conviction. Even then, he had proceeded to consider the evidence of Advocate Shri C. M. Trivedi and found that the conviction recorded was on the basis of legal and reliable evidence and not on the admission of the accused after he had once pleaded not guilty to the charge and held that the conviction therefore, is legal and proper. However, after considering the contentions raised by the petitioneraccused before him, on the point of sentence, the learned Addl. City Sessions Judge reduced the sentence of Rigorous Imprisonment of one year to 9 months' Rigorous Imprisonment and confirmed the sentence of fine imposed by the trial Court and also confirmed the order conviction by his judgment and order dated 13/05/1981.