( 1 ) IN this appeal, the appellant-original accused has questioned the legality and validity of the judgment and order of conviction and sentence recorded in Summary Case No. 3 of 1985 by the learned Additional Sessions Judge, (Special Court) at Bhavnagar, by invoking aids of Sec. 374 (2) of the Code of criminal Procedure, 1973 (the Code for short ).

( 2 ) THE appellant is the original accused and respondent No. 2 is the original complainant. For the brevitys sake and convenience, they will be referred to as the accused and the complainant as they are arraigned before the Special Court. The accused is a licensed dealer and is running a fair price shop and dealing in foodgrains, oil, kerosene etc. at village Kamlej in Bhavnagar district since 1980. The complainantinspector in the Civil Supplies Department at Bhavnagar made a surprise visit of the shop of the accused on 28-11-1984 and noticed some irregularities in maintenance of daily stock registers, accounts and maintenance of copies of bills. Therefore, he held an inquiry. The accused also made a confessional statement admitting irregularities and violation of provisions of law. The confessional Statement of the a