JUDGMENT :

Rajesh H. Shukla, J.

The present Criminal Revision Applications have been filed by the Petitioners challenging the impugned judgment and order passed by the City Civil and Sessions Court, Ahmedabad in Criminal Appeal No. 204 of 2009 read with Criminal Revision Application No.60 of 2011 dated 14.10.2011 on the grounds sated in the memo of Revision Application.

2. Learned Advocate Mr. D.M. Thakkar appearing for the Petitioners- Original Accused has submitted that the Court below has relied upon the documents, which is not accepted. He submitted that the documents which have been referred, are not even produced by the prosecution, and therefore, such an order remanding the matter back is bad and it would amount to permitting the Respondent No.2 to fill up the lacuna. Learned Advocate Mr. Thakkar submitted that the offence under Section 406 Indian Penal Code is not proved as the necessary ingredients cannot be said to have been established. He referred to the provisions of Section 406 and submitted that the prosecution has proved the case beyond reasonable doubt based on material and evidence on record. He submitted that if the prosecution has not relied up on some document the