SM NIRMALABAI MISAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant Nirmalabai was charged under Section 420 and, alternatively, under Section 406, Penal Code, by the First Class Magistrate, Nagpur, in respect of gold ornaments delivered to her on 1. 12. 1949 by Bhogilal (P. W. 4) at his shop in Sitabuldi, Nagpur. Her application for quashing the charges was dismissed by the First Additional Sessions Judge, Nagpur; and she has now come up in revision to this Court.

(2.) THE prosecution case was, briefly stated, to the effect that the applicant had on 1. 12. 1949 taken the ornaments, which were worth about Rs. 2,415/-, on approval from Bhogilal's salesman V. G. Deshmukh (P. W. 3) and promised to return them in the evening. She failed to do so, however, or to pay for them; and a report 'vide' Ex. P2 was made to the police on 21. 7. 1950, She was thereafter, challaned, and in examination denied, that she had taken any ornaments from Bhogilal's shop on 1. 12. 1949.

(3.) V. G. Deshmukh's description of the transaction was in the following terms: I showed the articles to the accused. She selected some articles and took them home for approval. At that time no price was paid. If the articles were approved then we were to receive payment. Bhogilal (p. W. 4) said: Deshmukh had shown her the articles and asked me if he could give them to the accused on approval to be returned in the evening. I permitted. Thanharsi (P. W. 5) also declared that the ornaments had been given on approval by Deshmukh and that the applicant had said that she would return them in the evening.