KOK SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant Koksingh has been convicted by the two Courts below of the offences under section 406 I.P.C. on the footing that he refused to deliver back silver ornaments pledged by one Govinda (P.W.1) even when the latter tendered the payment of full loan. This Court was taken through the evidence of Govinda (P.W. 1). He stated in his evidence that he had paid Rs. 200/ - to applicant Koksingh and Rs. 450/ - were still outstanding against him. He has not whispered word in his evidence that he went to re -pay Rs. 450/ - to applicant Koksingh and that the latter refused to accept the tender and also refused to return back the ornaments. In the absence of such evidence, the only thing proved against the applicant was that he was keeping pledged ornaments with him despite the fact that part payment of loan had been made to him. A creditor does not commit the offence of criminal breach of trust if he continues to keep the pledged ornaments with him when only part payment has been made to him. The two Courts below misread the evidence of Govinda (P. W. 1) to observe that Govinda had also stated that he was willing to get accounts settled and take back the ornaments but the accused refused to give back the ornaments. Such a statement is not to be found in the deposition of Govinda (P.W.1). It is thus clear that the two Courts below convicted the applicant on non -existent evidence. As already indicated, on the evidence of Govinda (P.W.1) it did not appear that Govinda approached the' applicant to pay the remaining loan of Rs. 450/ - and that the applicant refused to accept that amount and return back the pledged ornaments. This was a case of the creditor retaining pledged ornaments when only part payment had been done to him by the debtor. The creditor thereby committed no offence of criminal . breach of trust under Section 406 I.P.C.

(2.) FOR the foregoing reasons, this revision is allowed. The conviction and sentence of the applicant for the offence under section 406 I.P.C. are set aside. He is acquitted of the said offence. He is on bail. His bail bond shall stand discharged.