BALAMUKUNDA MOHANTY Vs. MRS. CHANDRA MOHINI AND ORS.

JUDGEMENT

(1.) THE learned Sub -divisional Judicial Magistrate, Jeypore by order dated 20.1.1989 passed in G.R. Case No. 444 of 1984 accepted the final report submitted by the Investigating Agency and rejected the protest petition of the Petitioner holding that there is No. prima facie case under Section 406 of the Indian Penal Code (in short, 'I.P.C.'). The aforesaid order is the subject matter of challenge in this revision filed at the instance of the informant.

(2.) THIS revision was filed against seven persons who allegedly committed offence of misappropriation amounting to Rs. 7, 14,329.00. Opposite party No. 3 having died during pendency of this revision, it stands abated against him by order dated 22.2.1995. Similarly, the revision stands dismissed against opposite parties 1, 2, 4 and 6 by order dated 27.4.1995 for non -compliance of a peremptory order. It now survives against opposite parties 5 and 7.

(3.) IT was alleged in the F.I.R. that the informant was the Assistant Manager (Sales) of the Indian Oil Corporation Limited which had Divisional Offices at different places including at Jeypore. For the purpose of ensuring distribution and supply of Kerosene in interior areas not accessible by rail, the company had set up storage points known as Taluk Kerosene Depots (in brief 'RKDs') at various places and one such depot was set up at Jeypore and another at Rayagada. Such depots were operated by concerned dealers as the contractors for the TKO on monthly remuneration. The allegation is that M/s. Republic Agencies committed breach of trust in respect of 260.064 K.L. of kerosene oil whose valuation comes to Rs. 7,12,329.09. The accused persons were said to be its employees.