LADI GANGARAJU Vs. RAYAPROLU VISWESWAR RAO

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 22 -6 -1981 of the Subdivisional Judicial Magistrate, Gunupur in I.C.C. No. 113 of 1980 framing charge under Section 406, I.P.C. against the Petitioner.

(2.) THE opposite party filed the aforesaid complaint case against the Petitioner alleging inter alia that the parties as front door neighbours were well acquainted with each other. The complainant pledged a gold ornament weighing 5 1/2 tolas with the accused on 19 -3 -1977 for a sum of Rs. 1200/ -. Again on 21 -9 -1978 the complainant being in urgent need of money kept a gold necklace weighing 3 tolas with the accused for a sum of Rs. 600/ -. It was agreed between the parties that the ornaments will be returned to the pledgor on payment of the amount of Rs. 1800/ - at arty time by him and no interest will be charged on the amount of loan. The complainant further alleged that on 3 -12 -1980 he approached the accused with the sum of Rs. 1800/ - and paid the same and wanted to taken return of the ornaments pledged with him, but the latter refused to return the ornaments saying that he has pledged the ornaments with other persons and has borrowed money in lumpsum and unless he clears the said dues he is unable to bring the ornaments from the pledgee and to deliver the same to the complainant.

(3.) GO a careful consideration of the materials on record and on hearing the learned Counsel for the parties, I am unable to accept the contentions raised on behalf of the Petitioner that the court below erred in framing the charge under Section 406, I.P.C. in the facts and circumstances of the case. Accordingly, the revision petition is dismissed as devoid of merit.