SHAILENDRA SHRIVAS Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioner against the order dated 16.12.2010 passed by Addl. Special Judge, Betul, in Criminal Revision No.125/2010 confirming the order dated 12.8.2010 passed by learned J.M.F.C. Betul in criminal case no.4041/2006, whereby the learned Magistrate has framed the charge against the applicant for the offence under sections 420 read with section 34 of the I.P.C.

(2.) Facts of the case in narrow compass are that the agriculturist Smt.Raju Bala, w/o Shivchand, has purchased a tractor bearing registration No.MP05-5769 and a trolly bearing registration No.MP05-5770, by taking a loan from Betul District Co-operative Agriculture Rural Development Bank Limited in the year 1997. Due to default in payment of loan amount, the said tractor and trolley was seized and were sold in a auction by the present applicant who was supervisor of the Bank, in a public auction on 14.7.2005. One Harbhajan, s/o Dhanjal Singh has auction purchased the said tractor trolley for an amount of Rs.1,15,000/- and a sale certificate was issued. On an application being moved for transferring the vehicle in his name, the R.T.O. informed that the said trolley is in the name of one Krishna Bai Arya. Thus, a complaint is made against the present applicant for committing offence under section 420 I.P.C. alleging that the applicant has sold the trolley dishonestly and fraudulently to cheat the complainant. On the complaint of the complainant, crime was registered for the offence under section 420 / 34 I.P.C. and after investigation challan was filed before the trial court.

(3.) The learned JMFC took cognizance of the offence and framed charge under section 420 / 34 of the I.P.C. against the applicant. Against the framing of charge, the applicant has preferred a revision before the ASJ Betul. The learned ASJ Betul upheld the order framing charge and dismissed the revision preferred by the applicant.