STATE OF PUNJAB Vs. MADAN SINGH

JUDGEMENT

(1.) The respondent was charged with the offence punishable under Section 420 of the Indian Penal Code. It was alleged that he had received a cash deposit of Rs. 11,000/- from Gian Singh. He had made an entry in the pass-book, but, had failed to deposit the cash with the Bank. As such he had misappropriated the amount.

(2.) The trial Court after examination of the evidence, has acquitted the respondent. It has found as a fact that the Investigating Agency had not recorded the statements of the prosecution witnesses under Section 161, Cr. P.C.These were not "filed along with the final report under Section 173, Cr. P.C., submitted by the Police in the Court." On this basis the Court has come to the conclusion that "a material prejudice stands caused. . . . . to the accused." Thus, the respondent has been acquitted.

(3.) The State of Punjab has filed this application for the grant of leave to appeal.