D BHATTA CHARYA Vs. AJAY JAIN

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is filed by the appellant - original complainant, against the judgment and order of acquittal dated 12.04.2002 passed by the learned Chief Judicial Magistrate, Surat, in Criminal Case No. 2992 of 2001, whereby the learned Magistrate has discharged the original accused (respondents No.1 to 4 herein) of the charges levelled against them.

(2.) The facts of the prosecution case is that the complainant herein filed complaint against the accused on 31.8.2001, inter-alia contending that when company of the accused persons was raided along with sister concern company, and when residential premises of the accused were also seized, during the panchnama thereof, irregularities were found in stock and books of accounts. Therefore, certain documentary evidence were seized. During investigation, it was revealed that acetic and hydride were being diverted illegally and, therefore, aforesaid complaint was filed against the accused for the offences under Sections 174, 175 and 176 of I.P. Code read with Section 67 of the Narcotics Drugs & Psychotropic Substance Act, 1985 ("NDPS Act"). The said case was registered as Criminal Case No. 2992 of 2001 in the court of learned Chief Judicial Magistrate, Surat.

(3.) Thereafter, the learned Magistrate has issued summons against the original accused. Pursuant to the summons issued by the learned Magistrate, the accused appeared. The complaint (Exh.1) was read over to them and plea was recorded. The accused pleaded not guilty to the charge and, therefore, the case was kept for producing the evidence and for deposition of the witnesses.