STATE OF GUJARAT Vs. VIMALKUMAR SHRI KISHANPRASAD SINGH

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 18.10.2003 passed by the learned JMFC, 6th Joint Judicial Magistrate, First Class, Ahmedabad (Rural), Ahmedabad in Criminal Case No. 955 of 2003, whereby the learned Magistrate has acquitted the respondent - accused from the charges levelled against him.

(2.) The brief facts of the case of prosecution is that the complainant was In-charge of Kalkota Express Road Lines Private Limited. They have got one another office near Jamnagar Transport, Sarkhej. It is further alleged that the Cadila Health Care has got a godown there. The complainant was transporting the medicines of Cadila Health Care to different parts of the country. It is alleged that on 23.09.2002, Cadila Health Care had to transport 605 Cartons of medicines valued at Rs.36,57,313.90 paise to Zydus Pharmaceutical Limited and, therefore, complainant contacted the accused and requested the accused to send a Truck in which the aforesaid medicines were sent. Accordingly, the complainant informed Shri Pandey, Manager of the Patna Office. It is alleged that the medicines were not reached at Patna, the complainant informed the accused and in turn, accused replied that there may be some problems with the truck on the way. It is further alleged that in spite of repeated request by the complainant, the accused had not given proper reply and, therefore the complainant lodged complaint against the accused - respondent for the offences punishable under Sections 407 and 114 of I.P. Code. Thereafter, after investigation, the Police filed charge-sheet against the accused in the Court of learned Magistrate.

(3.) To prove the case against the present respondent - accused, the prosecution has examined in all fourteen witnesses and also produced documentary evidence.