HRIDAY NARAIN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri P.N. Tripathi, learned counsel for the revisionist, Sri Rahul Srivastava, learned AGA for the State and perused the record of the case.

(2.) THIS criminal revision has been preferred against the judgement and order dated 31.1.2005, passed by the Additional District and Sessions Judge/Fast Track Court No.5, Jaunpur, by which the Lower Appellate Court has upheld the judgement and order dated 27.11.1998 passed by the Chief Judicial Magistrate,Jaunpur in Criminal Case No.2244 of 1997 (State Vs. Hriday Narain Pandey) by which the trial Court has convicted and sentenced the revisionist for the six months R.I. under Section 406 I.P.C. and further imposed a fine of Rs.5,000/- and in default of payment of fine, he shall undergo nine months R.I.

(3.) THE statement of accused under Section 313 Cr.P.C. was recorded by the trial Court in which he has admitted that there was a higher purchase agreement between him and the Corporation. He further stated that a wrong FIR has been lodged against him and in his defence he has produced notice (Exhibit Ka-1) and receipts (Exhibit Kha-2 to Exhibit Kha-4).