Rajeev Singh, J. - (1.) The present criminal revision has been filed against the judgment and order dated 26.07.2004 passed by the Special Judge (Ayurved Scam Matter), Lucknow in Criminal Appeal No.11 of 1990 (Sarfuddin vs. State) upholding the conviction and sentence awarded by the Judicial Magistrate, Special Court (CBI), Lucknow in Case No.68 of 1989 arising out of Case Crime No.31 of 1985, CBI, Lucknow against the revisionist for rigorous imprisonment for four months and fine of Rs.2000/- under Section 420 Indian Penal Code. In default of payment of fine he would have to undergo further imprisonment for four months. The realization of fine of Rs.2000/- was to be disbursed equally amongst PW-1, PW-5, PW-6 and PW-7.
(2.) Learned counsel for the revisionist at the outset contended that the fine of Rs.2000/- has already been deposited before the Trial Court .
(3.) In support of the revision, learned counsel for the revisionist submitted that though there are sufficient reasons to challenge the judgment on merits but he is restricting the challenge to non-consideration of applicability of the provisions contained in Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as "the Probation Act") and Section 360 of Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code").;