HARISHKUMAR TRIKAMLAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this revision application, which is filed under Sec. 397 read with Sec. 401 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioner - original accused has challenged the order dtd. 7/5/2009 passed by learned Sessions Court, Amreli in Criminal Appeal No. 22 of 2000 as well as the order dtd. 22/3/2000 rendered by learned Chief Judicial Magistrate, Amreli in Criminal Case No. 1386 of 1991.

(2.) Heard learned advocate Mr. Ashish Dagli for the petitioner and learned APP Mr. N.J. Shah for the respondent - state of Gujarat.

(3.) Learned advocate Mr. Dagli mainly submitted that M. Case No. 19 of 1989 was registered before Rajula Police Station against the petitioner for the offence punishable under Ss. 406, 408, 409, 465, 467, 477A and 34 of the Indian Penal Code. In the said complaint mainly it has been alleged that during the period between 1/9/1986 to 30/6/1987 when the petitioner was serving as a cashier in the Cooperative Bank, Amreli, he has temporarily misappropriated the amount worth Rs.1,15,000.00. The entire amount has been thereafter deposited by the petitioner - accused. After registration of the FIR, charge-sheet came to be filed and during the course of the trial prosecution examined various witnesses and produced documentary evidence also. The trial court after considering the evidence produced on record, convicted the petitioner - accused for the offence punishable under Sec. 409 of IPC and sentenced him to suffer Rigorous Imprisonment for a period of three years and fine of Rs.10,000.00 was also imposed and in default of payment of fine, six months Simple Imprisonment was ordered. The petitioner was also convicted for the offence punishable under Sec. 477-A of IPC and he was sentenced to suffer Rigorous Imprisonment for a period of one year and fine of Rs.5,000.00 and in default of payment of fine, three months Simple Imprisonment and for the offence punishable under Ss. 465 and 467, fine of Rs.10,000.00 was imposed and in default of payment of fine, six months Simple Imprisonment was ordered. The order of conviction was passed by the learned Chief Judicial Magistrate on 22/3/2000. The petitioner thereafter immediately preferred the appeal being Criminal Appeal No. 22 of 2000 before the learned Sessions Court, Amreli. Learned Sessions Court, by the impugned order dtd. 7/5/2009 dismissed the appeal and therefore the petitioner has preferred this revision application.