LAWS(GJH)-2012-10-185

MOHANBHAI PRABHATBHAI PARMAR Vs. STATE OF GUJARAT

Decided On October 11, 2012
MOHANBHAI PRABHATBHAI PARMAR Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) PRESENT Revision Application under section 397 r/w section 401 of the Code of Criminal Procedure has been preferred by the petitioner - original accused to quash and set aside the impugned Judgement and Order of conviction and sentence passed by the learned Judicial Magistrate (First Class), Nadiad in Criminal Case No. 1432 of 1997 dtd.18/12/2003 by which the learned Magistrate has convicted the petitioner - original accused for the offence under section 408 of the Indian Penal Code and has imposed punishment of Simple Imprisonment for a period of one year with fine of Rs.5000/- and in default to make the payment of fine, further Simple Imprisonment for a period of two months, as well as the Judgement and Order passed by the learned appellate court - learned Presiding Officer, FTC No.9, Nadiad in Criminal Appeal No.6 of 2004 dtd.8/7/2005, by which the learned appellate court has dismissed the said appeal confirming the Judgement and Order of conviction and sentence passed by the learned Magistrate.

(2.) FACTS leading to the present Revision Application, in nutshell, are as under :-

(3.) HEARD the learned advocates appearing on behalf of the respective parties at length and considered the judgement and orders passed by both the courts as well as the entire evidence from the record and proceedings received from the learned trial court.