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2022 Supreme(Guj) 500

B.N.KARIA
Naranbhai Bhikhabhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : DARSHIT R BRAHMBHATT
For the Respondent: MS. M.H. BHATT, APP

ORDER :

ORDER IN CRIMINAL REVISION APPLICATION NO. 471 of 2022

1. Leave to amend.

2. By way of preferring this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, applicant has prayed to quash and set aside the judgment and order of conviction and sentence passed by learned 3rd Additional Sessions Judge, Kheda at Kapadwanj in Criminal Appeal No.29 of 2021 (Old Criminal Appeal No.44 of 2019) as well as the judgment and order passed by learned Chief Judicial Magistrate, Kapadwanj in Criminal Case No.1508 of 2014 and further be pleased to acquit the present applicant from above all charges.

3. Heard learned advocate appearing for the applicant.

4. It is submitted by learned advocate appearing for the applicant that impugned judgment and order passed by learned Judge is unjust, improper and incorrect and against good conscience. That in fact no misappropriation has been committed by the applicant and he receives the amount from customer and deposited on next date and he has not taken to the home. That no independent witness has been produced by the prosecution to prove his case and trial court had materially erred in not considering

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