PRAVEENKUMA JOSEF DISILVA Vs. GUJARILAL DIPCHAND SHARMA

JUDGEMENT

(1.) Heard Mr. Bavishi, learned advocate for the petitioners, Mr. Y.U. Malik, learned advocate for respondent No.1 and Mr. S.P. Dave, learned Additional Public Prosecutor for respondent No.2.

(2.) Rule. Mr. Malik waives service of Rule on behalf of respondent No.1 and Mr. Dave service on behalf of respondent No.2. Keeping in mind the special circumstances and at the request of learned advocates for the parties, the matter is taken up today final hearing.

(3.) Petitioners are the accused persons in respect of a complaint lodged by respondent No.2 for offences punishable under Sections 406 and 114 of Indian Penal Code. The complaint came to be lodged before the learned Judicial Magistrate, First Class, Valiya, alleging that that petitioners No.1 and 2 were the driver and owner, respectively, of truck No.KA 19 7183, which was loaded with goods to be sent to a particular destination. The truck met with an accident and, therefore, the goods loaded in the truck were not delivered at the destination and this is how they have committed criminal breach of trust. On basis of that complaint, an F.I.R. came to be registered M.Case No.3 of 1999 by Valiya Police Station. This is the subject matter of challenge in this petition.