PREM SINGH Vs. SOHAN LAL

JUDGEMENT

(1.) THE present revision petition has been preferred by Prem Singh (hereinafter described as "the petitioner") directed against the judgment of the learned Additional Sessions Judge, Patiala dated 14.1.1988. The learned Additional Sessions Judge had set aside the order passed by the Judicial Magistrate, Ist Class, Amloh dated 17.11.1987 and discharged the respondents.

(2.) THE relevant facts are that petitioner Prem Singh had filed a criminal complaint against the respondents for the alleged offence punishable under Section 409 read with Section 34 of the Indian Penal Code.

(3.) IT is asserted that on 17.4.1985 the petitioner again sold 112 Qtls. and 38 Kg. of wheat. After making certain deductions, Rs. 17,381.08 was due to the petitioner. The respondents were stated to be under an obligation to pay the amount to the petitioner which they had not paid. It was contended that since the respondents have received and misappropriated the money, they are liable to be punished for the offence punishable under Section 409 read with Section 34 of the Indian Penal Code.