- (1.) This criminal revision petition under section 397/401 of the Code of Criminal Procedure, 1973 (for short `the Code` hereinafter) is directed against the judgment and order dt. 4.1.1991 passed by Additional Sessions Judge, Rajsamand (for short `the appellate court` hereinafter) in criminal appeal No.65/85 whereby the appellate court dismissed the appeal filed by the petitioner against the judgment and order dt. 30.11.1985 passed by Judicial Magistrate, Nathdwara (for short `the trial court` hereinafter) in criminal original case No.149/78 and affirmed the conviction of the petitioner for the offence under section 408 I.P.C., however, sentenced him to undergo eight months' rigorous imprisonment and fine of Rs.3000/-, in default of payment of fine, further to undergo four months' rigorous imprisonment. Aggrieved by the judgment and order impugned, the petitioner has filed the instant revision.
(2.) The matter is on Hearing Board. On 18.8.2005, the matter came up for hearing, however, no one appeared for the petitioner. Again on 24.11.2005, 23.2.2006, 13.4.2006 and 27.4.2006, despite repeated calls, no one appeared for the petitioner. Today also, no one appears for the petitioner.
(3.) I have carefully gone through the judgments and orders of the appellate court as well as of the trial court as also the record of the trial court. I have heard learned Public Prosecutor for the State. I have also gone through the grounds taken by the petitioner in the memo of revision.;