STATE OF GUJARAT Vs. ROHITBHAI A SHAH
LAWS(GJH)-2008-7-374
HIGH COURT OF GUJARAT
Decided on July 24,2008

STATE OF GUJARAT Appellant
VERSUS
Rohitbhai A Shah Respondents

JUDGEMENT

- (1.) HEARD learned APP Ms.Darshana Pandit for the appellant -State.
(2.) THE appellant -State has preferred the present appeal against the judgment and order dated 16.3.1991 passed by the learned Judicial Magistrate, First Class, (SJMFC for short), Padara, in Summary Case No.808 of 1991. By the said judgment and order, the learned Magistrate has convicted the respondent -accused and ordered him to pay a fine of Rs.500/ -, and in default, to undergo simple imprisonment for 15 days T.R.C. and for the offence punishable under Section 37(1)(5) and imposed a further fine of Rs.200/ -, and in default, to undergo 10 days simple imprisonment for the offence punishable under Section 45 of the Weights and Measurement Act. No separate sentence has been imposed by the learned JMFC.
(3.) IT may be noted that no specific sentence is prescribed for the alleged offence. Hence, taking into consideration the fact that this is a case in the nature of economic offence, the Court has imposed the sentence as aforesaid as thought it fit. The Court has taken into consideration the economic, social and financial background of the respondent accused, and has awarded the aforesaid punishment. It is pertinent to note that it is the discretion of the Court to impose punishment in such matters. Therefore, there is no need to interfere with the judgment and order passed by the learned JMFC. Hence, this appeal is dismissed.;


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