JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 20.03.2003 passed by learned Additional Sessions Judge No. 2, Chittorgarh (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No. 7/2003 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 02.08.1999 passed by the learned Additional Chief Judicial Magistrate No. 1, Chittorgarh (hereinafter referred to as ‘the trial court’) in Criminal Regular Case No. 1278/1993, whereby, the learned trial court convicted the present petitioner for offence under Section 420 IPC and sentenced him to undergo two years’ R.I. along with a fine of Rs. 200/- and in default of payment of fine, further undergo four months’ R.I.

2. Brief facts of the case are that on 28.04.1987, complainant Bhanwarlal submitted an oral report before Police Station Chittorgarh to the effect that on 28.04.1987 he purchased silver ornaments (Kadia) in the sum of Rs. 2,000/- from a jewellery shop situated near Sabji Mandi, Chittorgarh. On examination, the said silver ornaments (Kadia) were found fake as the same were