RAKESH KANUBHAI SHAH Vs. VIJAY SAKARLAL SHAH

JUDGEMENT

(1.) Both these Criminal Revision Applications have been preferred by the applicant under Sec. 401 read with Sec. 397(1) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dtd. 9/10/2009 rendered by learned Additional Sessions Judge, Court No.20, City Sessions Court, Ahmedabad in Criminal Appeal No.48 of 2009 with Criminal Revision No.110 of 2009 as well as the judgment and order of conviction dtd. 17/2/2009 rendered by learned Metropolitan Magistrate, Court No.22, Ahmedabad in Criminal Case No.1097 of 2005.

(2.) The applicant herein is the original accused and the respondent is original informant. That an FIR being CR.NO. 317/2004 dtd. 6/5/2004 came to be filed by the respondent for the offense punishable under Sec. 408, 465, 467, 471, 477A of the Indian Penal Code for the alleged misappropriation of about Rs.22,00,000.00. That the investigation was carried out and the chargesheet was filed on 13/9/2005 in connection with the said FIR and Criminal Case No.1097 of 2005 was instituted in the court of the learned Metropolitan Magistrate at Ahmedabad.

(3.) After the trial, by a judgment and order dtd. 17/2/2009 in Criminal Case No. 1097 of 2005, the learned Metropolitan Magistrate Court no. 22 Ahmedabad was pleased to convict the applicant for the offences under Sec. 408, 465, 467, 471 of the IPC and sentenced him to 3 years rigorous imprisonment along with a fine of Rs.10,000.00 and in default, simple imprisonment for six months. The applicant was acquitted for the offence under Sec. 477-A of IPC.