DILBAGH RAI MITTAL Vs. B D PAREKH

JUDGEMENT

(1.) THIS is an appeal against the order dated 27-5-1977 passed by Judicial Magistrate, Nakur, Saharanpur acquitting the respondents of the offences punishable under Sec. 120-B and 420 IPC.

(2.) THE learned counsel for the [parties have been heard. On 10-3-1969 the appellant filed a complaint before the Judicial Magistrate, City, Saharanpur. THE gist of the complaint is that th? appellant purchased three phase power machine from the respondents. THE respondents installed the machine. THEre it was found that in fact it was single phase power machine. THE respondents were summoned and on 9-6-1971 Additional Munsif Magistrate framed charges. THE charges were vague. THE respondents moved the Sessions Judge. THE Additional Sessions Judge made a reference to this Court. THE reference was numbered 540 of 1973 in this Court.. It was disposed of by an order dated 24-8-1976. This court directed the Magistrate to frame proper and specific charges after considering the material on record.

(3.) IT has further to be remarked that the charges framed on 9-5-1977 were vague in the same manner as the changes framed on 9-6-1971. The Magistrate did not comply with the order of this Court passed in Criminal Reference No. 540 of 1973.