CHHANALAL SANTALAL Vs. STATE OF GUJARAT

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 10.8.2001 passed by the learned Metropolitan Magistrate, Court No.5, Ahmedabad, in Criminal Case No.2171 of 1984, whereby the accused have been acquitted from the charges leveled against them.

(2.) FACTS in brief of the prosecution case are such that the accused planned to construct cooperative housing society. The accused collected Rs.92,800/ by issuing share each of Rs.50/ from 28 members and also the accused collected Rs.1,10,000/ from 22 members and thereby each member paid Rs.5000/ to the accused. As per the complaint, the accused in all collected Rs.2,02,800/ from 51 members for constructing cooperative housing society. The accused had not started any procedure to construct the society. When the complainant and other members asked to the accused about the amount, which they had paid, the accused replied evasively and thereby the accused spent the amount for his personal use and thereby misappropriated the amount collected from the members of the society. The accused denied to give the amount to the members including the complainant, the offence under Sections 420, 406, 504 and 114 of the Indian Penal Code was registered against the accused. Thereafter, necessary investigation was carried out and statements of several witnesses were recorded. The trial was initiated against the respondent accused.

(3.) AT the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Magistrate acquitted the respondent of all the charges leveled against him by judgment and order dated 10.8.2001.