VAKHABHAI KHODABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Revision application has been filed by the revisionist against the impugned judgment and order dated 7. 8. 2009 passed by the learned Addl. Sessions Judge and Fast Track Court No. 4, Nadiad in Criminal Appeal No. 56 of 2002 whereby the learned Judge confirmed the conviction dated 16. 9. 2002 passed by the learned Judicial Magistrate First Class, Nadiad in Criminal Case No. 3879 of 1991 for offences under sections 408, 477 (A) and 114 of IPC and convicted the present revisionist along with other accused Shankarbhai and both the accused were sentenced to suffer six months' rigorous imprisonment with fine of Rs. 1000/- in default 2 months' simple imprisonment for offence under section 408 and 6 months' rigorous imprisonment and fine of Rs. 1000/- in default 2 months' simple imprisonment for offence under sections 477 (A) and 114 of IPC. The said judgment and order of conviction and sentence was challenged by both the applicants before the Sessions Court and the Sessions Court allowed the Appeal No. 55 of 2002 filed by accused-Shankarbhai, Chairman of Sanali Milk Producers' Cooperative Mandli (for short, "the Mandli") and acquitted him of all the charges levelled against him. Criminal Appeal No. 56 of 2002 preferred by the present revisionist was dismissed and confirmed the conviction and sentence imposed upon him by the trial court. Both these orders are challenged by the present petitioner-revisionist by way of this revision.

(2.) AS per the prosecution case, the present petitioner-accused along with the other accused Shankarbhai (Chairman of the Mandli) misappropriated funds amounting to Rs. 64,000/- from the funds of the Mandli. It is alleged that though no resolution was passed by the Governing Body, between the period 1. 7. 1988 and 31. 12. 1988, both the accused persons had created fabricated Resolution and sanctioned loan of Rs. 64,000/- and by that committed misappropriation of Rs. 64,000/ -.

(3.) LEARNED Advocate Mr Kamal Sojitra has submitted that he is pressing this revision only on the point of quantum of sentence and not on merits. It is submitted by him that the present revisionist-original accused has deposited an amount of Rs. 60,000/- before this court in pursuance of the order passed by this court. It is submitted by Mr Sojitra that this amount may be withdrawn by the authorised persons of the Mandli and the accused has no objection to it. It is further submitted by him that the accused remained in jail for 42 days.