S.W. Puranik, J. - (1.) THIS revision in directed against the order passed by Additional Sessions Judge, Nagpur on 22 -1 -1980 in Criminal Appeal No. 35/79 convicting the applicant under section 406 Indian Penal Code and sentencing him to pay a fine of Rs. 1000/ -.
(2.) INITIALLY the applicant was charge -sheeted for the offences under sections 420 and 406 Indian Penal Code. He was tried before the Judicial Magistrate, First Class, 6th Court, Nagpur in Criminal Case No. 1735/74 decided on 27 -2 -1979. The Trial Court found him guilty for both the offences and sentenced him to suffer rigorous imprisonment for period of three months and a fine of Rs. 1000/ - under section 420 Indian Penal Code and rigorous imprisonment for two months and a fine of Rs. 500/ - under section 406 Indian Penal Code. On appeal by the applicant accused, the Trial Court acquitted the applicant for the offence under section 420 Indian Penal Code but convicted him under sections 406 Indian Penal Code and sentenced him to pay a fine of Rs. 1000/ -. Against both these concurrent findings of guilt, the applicant accused has preferred this revision. The question is whether the order passed by the Lower Appellate Court is legal and proper or whether any interference is necessary in this revision.
(3.) SHRI W.G. Somalwar, the learned counsel for the applicant criticised the impugned judgment of the Lower Appellate Court on the ground of non -application of mind and illegality in finding the applicant guilty under section 406 Indian Penal Code.;