LAWS(ORI)-1987-8-26

SANATAN DASH Vs. DAMBARUDHAR PANDA

Decided On August 25, 1987
SANATAN DASH Appellant
V/S
DAMBARUDHAR PANDA Respondents

JUDGEMENT

(1.) The petitioner has challenged the order passed by the learned Additional Sessions Judge setting aside the order passed by the learned Chief Judicial Magistrate, framing charge against the opposite party under sections 406 and 465 of the Indian Penal Code (I.P.C. for short).

(2.) The facts in brief may be stated. The petitioner is the Secretary of the Regulated Market Committee of Kendupatne in Cuttack district. The opposite party was serving as a Market Sarkar under the petitioner and was entrusted with collection of market fees of Danpur market and some other centres. On 27.12.1975 the petitioner received an audit report to the effect that in the years 1974-75 the opposite party had collected a sum of Rs. 7.429.17 from traders, but misappropriated the said amount. After getting the report, the petitioner made an enquiry for verification of the original receipts of the traders and was satisfied that the opposite party had committed criminal breach of trust in respect of a sum of Rs. 5,560.95. The original receipts in respect of the balance amount of Rs. 1,868,22 were not available. The petitioner repeatedly asked the opposite party to refund the misappropriated amount. The opposite party evaded and he gave an evasive reply. Thereafter the petition of complaint was filed on 9.12.1979.

(3.) On 4.1.1980 the learned Sub-Divisional Judicial Magistrate directed the police to treat the complaint as F.I.R., take up investigation and submit final report. But it seems, the police did not take any action and so on 29.9.1980 the learned Sub-Divisional Judicial Magistrate directed for recording of the Initial statement of the complainant and on 9.12-1980 the record of the case was made over to another Judicial Magistrate to hold enquiry under section 202 of the Code of Criminal Procedure (Code for short). On receipt of the report of enquiry under section 202 and without having recorded the initial statement of the petitioner, cognizance of the offences under sections 406 and 465 I.P.C. was taken on 9.1.1981. After examination of two prosecution witnesses an order was passed on 16-2-1982 for framing charge against the opposite party under sections 406 and 465 [P.C. and on that day the charge was framed.