ARVIND BALASHANKER JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On being aggrieved by the judgment and order of the learned Addl. City Sessions Judge Ahmedabad delivered on 19 in Criminal Appeal No. 178 of 1980 upholding the order of conviction for the ofences punishable under Secs. 409 420 468 & 471 of the I.P. Code passed by the learned Metropolitan Magistrate Ahmedabad in Criminal Case No. 4066 of 1980 dated 18-7-1980 the petitioner accused has challenged the impugned conviction order in this criminal revision application.

(2.) According to the prosecution two accused namely Shri Arvind Balashanker Joshi-Accused No. 1 and Shri Jayantilal Trivedi-Accused No. 2 were chargesheeted in the Court of the learned Metropolitan Magistrate Ahmedabad for the offences alleged to have been committed under Secs. 120(B) 409 420 466 468 and 471 of the I.P. Code. On appreciation of the prosecution evidence the learned Metropolitan Magistrate acquitted the original accused No.2 Shri Jayantilal Ambalal Trivedi but accused No. 1-petitioner has been held liable for the alleged offences and he has been convicted and sentence to suffer rigorous imprisonment of three months and of pay a fine of Rs. 2000.00 in default of payment of fine to suffer further rigorous imprisonment for one month for the offence punishable under Secs. 409 420 and 471 months and to pay a fine of Rs. 500.00. in default of payment of fine to suffer further rigorous-imprisonment for the offence punishable under Sec. 468 of the I.P. Code. Both the sentences were ordered to run concurrently by the learned Metropolitan Magistrate by his judgment and order dated 18-7-1980. However no offence punishable against the accused. No appeal against the acquittal of accused No. 2 has been filed by the State.

(3.) Against the order of conviction accused No 1-petitioner had filed an appeal being Criminal Appeal No. 178 of 1980 in the Court of the Addl. City Sessions Judge. Said appeal came to be partly allowed setting aside the conviction of the accused No 1-petitioner for the offence punishable under Sec. 468 of the I. P. Code and confirming the conviction for the offences punishable under Secs. 409 420 and 471 of the I. P. Code by the learned Addl. City Sessions Judge Ahmedabad in his impugned judgment and order dated 19-10-1981.