Mukta Gupta, J.

1. By the present petition the Petitioner seeks setting aside of the order dated 25th November, 2009 passed by the learned Additional Sessions Judge upholding the order of conviction of the Petitioner passed by the learned Metropolitan Magistrate under Sections 304A and 279 IPC. The learned Metropolitan Magistrate vide order dated 4th April, 2009 had sentenced the Petitioner to undergo Simple Imprisonment for 6 months for offence punishable under Section 279 IPC and a fine of Rs. 500/- and in default of payment of fine to undergo Simple Imprisonment for five days and Simple Imprisonment for 18 months and Rs. 5000/- fine under Section 304A IPC.

2. Briefly the prosecution case is that on 17th February, 1997 at about 6.40 pm at Rohtak Road near Stadium Swarna Park, Nangloi, the Petitioner was driving DTC Bus bearing No.DL1P 9802 in rash and negligent manner so as to endanger human life and safety of others and while doing so the bus hit stationary tempo No.HR 46 9896 and crashed Naveen Kumar in between both the vehicles who succumbed to injuries. Accordingly FIR was registered under Sections 279/304A IPC. After completion of investigation charge sheet was file