DHOORALAL Vs. SHANTILAL

JUDGEMENT

(1.) The petitioner has filed this revision against the order dated 3rd December, 1982 passed by the Additional Sessions Judge, Mandsaur, in Cr. Rev. No. 28 of 1982 filed by the respondent-complainant, whereby he set aside the order dated 9.1.1982 passed by the Judicial Magistrate, First Class, Mandsaur, who had discharged the petitioner for an offence under Section 406 Indian Penal Code.

(2.) The facts giving rise to this petition may be stated, in brief, thus; the complainant filed two criminal complaints against the petitioner. According to the complainant he had taken a loan of Rs. 2000/- from the petitioner on 21.5.76 and he pledged certain ornaments. Similarly on 31.5.76 he had obtained alone of Rs. 5000/- and also pledged certain ornaments. As the complainant wanted to redeem the pledge, he gave notice to the petitioner who denied his liability. The complainant, therefore filed two complainants under Sections 406 and 409 Indian Penal Code. The case of the petitioner was that the transaction was of a civil nature; that the complainant himself had obtained back the pledged ornaments, had made certain payment against the loans advanced by the petitioner. Further according to the petitioner to respect of a separate transaction he had filed a civil suit against the complainant which was decreed on 28.2.79 and after about three years the complainant filed the present petition.

(3.) The learned trial court after considering this plea felt that the dispute was of a civil nature and discharged the petitioner. On a revision being filed by the complainant the same was allowed. Hence this revision by the petitioner.