KARSANBHAI SIDABHAI Vs. TATA CHEMICAL LTD

JUDGEMENT

(1.) PRESENT Criminal Revision Application under Section 397 r/w Section 401 of the Code of Criminal Procedure has been preferred by the petitioner hereinoriginal accused to quash and set aside the impugned judgment and order passed by the learned JMFC, Dwarka dated 11.10.2010 passed in Criminal Case No. 530 of 1999 convicting the petitioner for the offences under Section 630 of the Companies Act as well as impugned judgment and order passed by the learned Appellate Court learned 4 th Additional Sessions Judge, Khambhaliya dated 31.3.2012 passed in Criminal Appeal No. 4 of 2011, by which, the learned Appellate Court has dismissed the said appeal confirming the judgment and order of conviction and sentence passed by the learned trial Court.

(2.) THE facts leading to the present Criminal Revision Application in nutshell are as under:

(3.) HAVING heard the learned advocates for the respective parties and considering the facts stated hereinabove and the fact that the petitioner was bona fidely prosecuting the present revision application and, in fact filed present revision application on 28.6.2012, however, due to the circumstances stated hereinabove he could not obtain any further interim order from this Court as after 29.6.2012 the matter came to be listed for admission hearing for the first time on 24.8.2012 and in the meantime the petitioner has already surrendered the possession of the quarter, it appears to the Court that if impugned order passed by the learned Appellate Court is modified to the extent of extending the time to surrender and / or handover the possession of the quarter in question on 14.7.2012, it will meet ends of justice so that the petitioner is not required to undergo sentence of 2 years R.I as ordered by the learned Magistrate / learned trial Court.