PANKAJ DAS Vs. GAJEN BAISHYA

JUDGEMENT

(1.) Heard Mr. P.P. Das, learned counsel for the appellant and Mr. N. Sarkar, learned counsel appearing for the respondent No. 1. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State/respondent No. 2.

(2.) By this appeal under Section 378 (4) Cr.P.C., the appellant/complainant has prayed for setting aside the impugned Judgment & Order, dated 08.05.2017, passed by the Court of learned Judicial Magistrate, 1st Class, Hajo in C.R. Case No. 12/2014 acquitting the accused/respondent No. 1 from the offence under Section 406 of the IPC.

(3.) On 01.12.2012, the appellant lodged an FIR before the Officer-in-Charge of Sualkuchi P.S. alleging that on 19.11.2012, the respondent No. 1, Sri Gajen Baishya, who is an employee of Madhya Sualkuchi Grahok Samobai Bhandar Limited, received an amount of Rs. 1,20,000/- from the Society to purchase some grocery items from Guwahati for the said Society. On the same day evening, the respondent No. 1 returned from Guwahati and reported that some culprits took away the said money from him. In the said FIR, the appellant alleged that the respondent No.1 misappropriated the said amount of the Society.