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2007 Supreme(Guj) 182

D.H.WAGHELA
BHARAT SHANTILAL RAVAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: H.L.JANI, HIMANSU M.PADHYA

( 1 ) AFTER admission of present revision application on 8. 9. 1999 and order dated 9. 9. 1999 to release the petitioner on bail, the petition does not appear to have once been attended either by the petitioner or his learned advocate. Lastly, on 7. 3. 2007, order, as under, was passed:

"none present for petitioner even as the matter was called out thrice. S. O. to 09. 3. 2007 in the interest of justice. Matter may be heard and disposed on that date, even if learned advocate does not care to appear in the matter. "

The hearing has twice been adjourned even thereafter and, today, the matter was called out twice during the course of the day, but no one was present on behalf of the petitioner.

( 2 ) THE petitioner has, in effect, challenged the judgment and order of learned Judicial Magistrate, First Class in Criminal Case No. 5202 of 1992 convicting him for the offence punishable under section 408 of the Indian Penal Code, 1860 (for short, "the IPC") and sentencing him to rigorous imprisonment of one year with fine of Rs. 3000/- and three months of simple imprisonment, in case of default; and the judgment of learned Additional Sessions Judge confirming the conviction and sentence.

( 3









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