RAMESHBHAI JAYENDRABHAI MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . In the facts and circumstances of the case and with consent of learned advocates appearing for the respective parties, the Revision Application is taken up for its final hearing and disposal today.

(2.) THE applicant herein is aggrieved by the order dated 01st March, 2012 passed below application Exhibit 11 by learned 6th Additional Sessions Judge, Nadiad in the proceedings of Criminal Appeal No.04 of 2010. The Exhibit 11 was an application under Section 391 of the Code of Criminal Procedure, 1973 whereby the applicant-accused sought permission to lead further evidence.

(3.) TH notice sent as UPC was served. The learned Additional Senior Civil Judge and Judicial Magistrate (First Class), Nadiad by his judgment and order dated 24th December, 2009 convicted the applicant for the offence under Section 138 of the Act and sentenced him to simple imprisonment for six months and to pay fine of Rs.2,000/- and to undergo further one month's simple imprisonment in default of payment of fine. The applicant-accused thereafter filed Criminal Appeal No.04 of 2010 before the Court of learned District and Sessions Judge, Kheda at Nadiad against the said judgment and order of conviction and sentence.