JAYESH CHANDRAKANT THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application, the applicant has prayed to quash and set aside the order dated 18.01.2007 passed by the learned Additional Sessions Judge, Ahmedabad City in Criminal Appeal No.99 of 2006 as well as the order dated 20.10.2006 passed by the learned Chief Metropolitan Magistrate, Ahmedabad City in Criminal Case No.697 of 2004.

(2.) BEFORE proceeding with the matter, Mr. Gupta, learned Advocate for the applicant has submitted that so far as the findings of the Courts below are concerned, he is not challenging the same. He has submitted that he is pressing this application qua quantum of sentences awarded by the trial Court only.

(3.) THE brief facts of the case are that an FIR being C.R. No.I of 2004 came to be registered with C.I.D. Crimes and Railway against the applicant, herein, and two other accused persons for the offence punishable under Sections 120(B), 406, 420, of the Indian Penal Code read with Section 3 and 5 of the Prize Chit and Money Circulation Banning Act which was later on registered as Criminal Case No.697 of 2004 before the learned Chief Metropolitan Magistrate, Ahmedabad City. The trial Court convicted the applicant and two other accused persons for the offences punishable under Section 420 and 114 of the Indian Penal Code and sentenced to undergo simple imprisonment for four years and to pay fine of Rs.4,000/ - and in case of default to undergo further imprisonment for a period of thirty days and for the offence punishable under Section 406 of the Indian Penal Code simple imprisonment for two years and to pay fine of Rs.1,000/ - and in case of default to undergo further imprisonment for a period of fifteen days as well as for the offence punishable under Section 3 of the Prize Chit and Money Circulation Banning Act, 1978 simple imprisonment for a period of one year and to pay fine of Rs.1,000/ - and in case of default to undergo further imprisonment for a period of ten days and for the offence punishable under Section 5 of the Prize Chit and Money Circulation Banning Act, 1978 simple imprisonment for a period of one year and to pay fine of Rs.1,000/ - and in case of default to undergo further imprisonment for a period of ten days and for the offence punishable under Section 120 -B of the Indian Penal Code simple imprisonment for a period of four years and to pay fine of Rs.5,000/ - and in case of default to undergo simple imprisonment for a period of thirty days.