2022 (3) TMI 1051

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.... NO. 1 ORDER 1. By preferring present application, applicant has requested to quash and set aside the judgment and order dated 18.12.2021 passed by learned District and Sessions Court, Ahmedabad (Rural) at Ahmedabad in Criminal Appeal No. 26 of 2021 as well as judgment and order dated 20.03.2021 passed by learned Additional Judicial Magistrate Court, Ahmedabad (Rural), at Ahmedabad in Crimin....

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....ngwith suitable interest at the rate of 9% p.a. That, no interest @ 9% p.a. was awarded to the present applicant. Hence, learned advocate for the applicant has limited his arguments on the issue of interest at the rate of 9% p.a. not awarded to the applicant. 4. Having heard learned advocate for the applicant and the impugned judgment and order passed by the court below in Criminal Case No. 402....

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....claim for the interest at the rate of 9% p.a.. That, the lower appellate court, after hearing the a parties, discussed issue in para 9 of the judgment and dismissed the appeal of the present applicant and partly confirmed the order of the trial court. It was further ordered that respondent no. 2/original accused shall pay amount of Rs. 1 lac by way of fine and out of this amount, Rs. 50,000/- shal....

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....d not err in discarding the appellants' defence and upholding the onus imposed upon them in terms of Section 118 and Section 139 of the NIA." 6. From the record of the trial court and the judgment, it appears that no special circumstances were shown by the present applicant allegedly extended at the relevant point of time. For the first time before the lower appellate court, grievance was r....