MANOHAR LAL Vs. RAJWANT SINGH

JUDGEMENT

(1.) . This revision is directed against the judgment rendered by the Court of learned Judicial Magistrate First Class, Jalandhar, whereby he acquitted the accused Rajwant Singh of the charge under Section 406 of IPC by giving benefit of doubt.

(2.) THE facts in brief are that on 23.7.1997, Manohar Lal son of Sadhu Ram, Proprietor M/s Kissan Trading Company, Booth No. 5, New Grain Market, Jalandhar, moved a complaint. before the police containing the allegations that on 12.6.1997, he purchased 305 bags of sun flower seeds each weighing 40 kg worth Rs. 1,22,542/- and the Bardana worth Rs. 3050/- for supplying the same to M/s Bathinda Chemicals Limited, Bathinda. He approached Rajwant Singh, the owner of M/s R.S. Roadlines, Nakodar Road near Television Tower, Jalandhar, who consented to send the goods to Bathinda by his truck bearing registration No. PB-04-1019 and charged Rs. 2460/- as freight from him. The truck was weighed at the Baweja Dharam Kanda on 12.6.1997 vide receipt No. 7730, whereafter the goods were loaded in the truck in the New Grain Market and the gate pass bearing No. 8 dated 12.6.1997 was issued by the Market Committee. The truck left for Bathinda. The goods receipt bearing No. 1506 dated 12.6.1997 was issued, but the goods did not reach the destination. Thenceforth, he repeatedly visited Rajwant Singh, but in vain. The FIR was registered. The accused was arrested on 23.11.1997. After completion of investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate for trial of the accused, who was charged under Section 406 of IPC to which he did not plead guilty and claimed trial.

(3.) NONE has come forward to argue on behalf of the accused-respondent No. 1. I have heard the learned counsel for the revision petitioner as well as Mr. T.S. Salana, Deputy Advocate General, Punjab, besides perusing the record with due care and circumspection.