AMITBHAI CHATURBHAI GUNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has challenged the judgment and order dated 25.07.2019 passed by the 8th Additional Sessions Judge, Bhavnagar in Criminal Appeal Nos.26 of 2019 and 61 of 2019, wherein the conviction imposed by the Trial Court was enhanced to simple imprisonment for two years instead of six months and further direction to pay cheque amount to the complainant as compensation under Section 357(3) of the Code of Criminal Procedure, 1973 and in default to undergo further simple imprisonment for four months.

(2.) Heard learned advocate for the applicant. Learned advocate for the applicant has produced an affidavit of father of the applicant which is taken on record.

(3.) It is submitted by learned advocate for the applicant that learned Trial Court convicted present applicant for the alleged offence to undergo simple imprisonment of six months with a fine of Rs.1,000/- only. That in appeal preferred by respondent no.2 i.e. Criminal Appeal No.26 of 2019, learned Sessions Judge, wrongly and without jurisdiction as well as without any cogent reason, enhanced the sentence of two years from six months as well as amount of compensation i.e. the cheque amount. That jurisdiction under Sections 372 and 374 of the Code of Criminal Procedure, 1973 was wrongly exercised by learned Sessions Judge. That in an appeal for enhancement of sentence, the provisions of Section 376(b) as well as Section 386(c)(i) of the Code of Criminal Procedure, 1973 confer power to the Appellate Court to reverse the finding and sentence and acquit for discharge the accused.