INDRAJIT SINGH KOHLI Vs. STATE

JUDGEMENT

(1.) This application is directed against an order passed by the learned Additional Sessions Judge, Burdwan, rejecting the application against an order of a learned Magistrate issuing summons for trial of the petitioner under Section 406 of the Indian Penal Code.

(2.) The facts leading to this application are as follows: The petitioner lodged a complaint on August 13, 1965 at the police station of Asansol alleging that truck no. B. R. F. 3335 purchased by him had been stolen away by me opposite party Niranjan Singh. A case was recorded and the truck was seized from the possession of Niranjan Singh and later, made over to the custody of the petitioner on his executing a bond of Rs. 15,000/- (Rupees fifteen thousand) on condition of producing it on call The complaint was found on investigation to be false. The petitioner was then prosecuted under Section 211 of the Indian Penal Code and directed to produce the truck in Court. He did not comply with the direction and several attempts to effect production of the truck in Court also failed. The petitioner became untraced and thereafter a case under Section 406 of the Code was started against him. He surrendered in Court and was released on bail. Thereafter he applied to the learned Additional Sessions Judge for quashing the proceedings on the ground that the facts stated did not make out an offence under Section 406 Indian Penal Code. This application was heard by the learned Additional Sessions Judge, Burdwan who however rejected it.

(3.) The short point raised in this application is whether the petitioner incurred any criminal liability for breach of trust in addition to any civil liability for forfeiture of the bond.