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1991 Supreme(Guj) 311

J.U.MEHTA
STATE OF GUJARAT – Appellant
Versus
MOTIBHAI JETHABHAI MAKWANA – Respondent


Advocates Appeared: AMIT J.SHAH, H.P.RAVAL, K.M.Mehta, M.M.Desai

MEHTA, J.

( 1 ) BEING aggrieved by the judgment and order dated 30-10-1982 passed by the Court of the learned Judicial Magistrate, F. C. , Bajana in Criminal Case No. 610 of 1981, the State has approached this Court by way of Criminal appeal No. 84 of 1983 for enhancement of sentence under Sec. 377 Cri. Pro. Code. The State has also filed Criminal Appeal No. 85 of 1983 from the order of acquittal passed for the offences punishable under Secs. 420 and 468 I. P. C. The original complainant has also filed Criminal Revision Application No. 42 of 1983 against the order of acquittal passed for the aforesaid offences and also against the order of probation under the provisions of the Probation of offenders Act.

( 2 ) THE facts of the case are that the accused Motibhai Jethabhai makwana was working as a Teacher in a High School run in the name of Patwari Maniben Balubhai Vidyavihar at Bajana. According to the prosecution, the accused submitted a bill for a sum of Rs. 2,579. 00 before the school authorities for Leave Travel Benefit on the ground that the accused with his family travelled on 6-5-1981 from Bajana to Varanasi and on 17- 5-1981 from Varanasi to Bajana by railway and travelled i








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