MAKHAN Vs. STATE OF MP

JUDGEMENT

(1.) Being aggrieved by the judgment dated 28.4.2009 passed by Sessions Judge, Indore in Cr. Appeal No. 189/2009 which is arising out of judgment dated 16/3/2009 passed by JMFC, Indore in Cr.case No. 15891/2007 whereby the conviction u/s 406 IPC and sentence to undergo 6 months RI with fine of Rs. 1,000.00 was confirmed, the present petition has been filed.

(2.) In short the case of prosecution was that complainant Dileep Joshi was registered owner of a dumper bearing No. GJ-7/U-5494 while registered owner of the dumper bearing registration No. GJ-7/5493 was owned by one Satish Dubey. Further case of prosecution was that road tax was to be deposited of the aforesaid two vehicles and for that purpose on 29.5.2008, a sum of Rs. 42,000/- was given by the complainant to the petitioner along with registration book. It was alleged that upon payment, neither registration book was returned nor receipt of payment of tax was given to the complainant. Upon the complaint, after investigation challan was filed. After framing of charges and also after recording of evidence the offence was found proved and petitioner was convicted for the offence as mentioned above. An appeal was preferred against that judgment which was dismissed by maintaining the sentence, hence this revision petition.

(3.) Learned counsel for the petitioner argued at length and submits that basic document is the registration book. The case of the petitioner right from the beginning was that complainant is not owner of the offending vehicle and no amount was paid to the petitioner at any point of time. It is submitted that inspite of that the prosecution has failed to produce any documentary evidence to show prima facie that the complainant was registered owner of the offending vehicles. It is submitted that petition be allowed and order of conviction be set aside.