STATE OF GUJARAT Vs. JAGDISHBHAI MANSUKHBHAI CHHAPIYA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the State, under Section 378 Cr.P.C., against the Judgment and order dated 17.5.1997, rendered by the learned Chief Judicial Magistrate, Rajkot, in Criminal Case No.3599 of 1984 for the offences punishable under Sections 408, 409, 465, 467, 468, 477 -A of Indian Penal Code. For the same offence another Criminal Appeal No.1111 of 1997 has been filed against the same accused respondent herein, arising from Criminal Case No.3598 of 1988. The said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by the learned Chief Judicial magistrate is against the law and evidence on record.

(2.) ACCORDING to the prosecution case, the complaint was filed against the present respondent (original accused), who was serving as Cash Clerk in the Octroi Department of the Rajkot Municipal Corporation, alleging that with intention to commit breach of trust, the accused respondent herein has misappropriated the amount of Rs.652.15 ps. after preparing bogus documents like refund order, voucher and form No.11, and thereby committed criminal breach of trust and has committed the fraud with the Corporation. Thereafter, the police has carried out the investigation and then the charge -sheet was filed against the present respondent and the charge was framed against the respondent accused. The accused pleaded not guilty to the charges. Then the prosecution led oral as well as documentary evidence and then at the conclusion of the trial, the learned trial Judge has found no substance in the prosecution case and, therefore, acquitted both the respondents accused from the said offence vide impugned Judgment and order. The said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by the learned Magistrate is against law and evidence on record.

(3.) I have heard learned A.P.P. Ms. Archana Raval on behalf of the appellant State Government and learned Advocate Mr. Ashish Oza, appearing on behalf of the respondents accused. I have also gone through the Judgment and order passed by the trial Court.