MUKESH DHIRAJLAL PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Criminal Revision Application under section 397 read with Section 401 of the Code of Criminal Procedure, 1973 ( for short "the Code), the petitioner has challenged the judgement and order dated 18.02.2013 passed by the learned Additional Sessions Judge, Una below Exh. 42 in Special ACB Case No. 12 of 2012 by which the petitioner has been convicted for the offence punishable under Section 193 of the Indian Penal Code and sentenced to undergo simple imprisonment for three months with fine of Rs. 500/ in default of payment of fine, further simple imprisonment of seven days.

(2.) THE brief facts which emerge from the record are as under:

(3.) HE further submitted that so far as order passed by the learned Additional Sessions Judge in convicting the petitioner is concerned, the same is passed without following the procedure of law, and therefore, the same is required to be quashed and set aside. In support of his submission Mr. Pathan has relied upon the decision of the Hon'ble Supreme Court in case of M.S Ahlawat versus State of Haryana and another reported in (2000) 1 SCC 278 and submitted that provisions of section 195 of the Code are mandatory and no court has jurisdiction to take cognizance of any of the offences mentioned there unless there is a complaint in writing as required under that Section.