ASHOK KUMAR AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been filed against order dated 24.6.2009, passed by Chief Judicial Magistrate, Mathura in Case No. 1905 of 2009, State of U. P. v. Ashok and others under Sections 420, 406 and 504, I.P.C., P. S. Kotwali, district Mathura by which the application of the revisionists for discharge has been rejected.

(2.) I have gone through the order in revision. According to the prosecution case it is admitted that for the sake of purchase of plot the amount has been paid through cheque in 1988. The explanation of the accused that the said amount has been invested by her was not accepted by the Court but it was clear in the mind of the parties that the amount was not being invested for the sake of any income but clearly for the sake of obtaining plot. It has also been admitted that she had not been given plot nor her amount has been returned. In the petition moved by the revisionists for discharge, it has been stated that after disposal of dispute of the company payment shall be made to all the investors. It has also been stated that the company is in financial crisis.

(3.) I have also gone through the grounds of revision in which it has been mentioned that the evidence on record is not sufficient to convict the appellant under Sections 420, 406 and 504, I.P.C. but at the stage of charge, if the evidence collected by Investigating Officer if not rebutted, the case may end into conviction, then charge can be framed. If the evidence in the record is not rebutted the case may end into conviction.