BISHAN DASS Vs. JOGINDER LAL

JUDGEMENT

(1.) THIS application by Bishan Dass is to obtain special leave to appeal against an order of acquittal, recorded by a Magistrate second class, in a case Under Section 406, IPC The applicant had filed a complaint against the accused for offence Under Sections 406, 408, 465, 471, 477 and 477A, I. P C. The complaint was filed in tile Court of the Magistrate first class, Mahasu. After having recorded the prosecution evidence, the learned Magistrate transferred the case to Shri B, R. Lakhan Pal, Magistrate second class, with the direction that a charge Under Section 406, IPC may be framed against the accused.

(2.) THE complainant was a licensee for the of country liquor for the year 1957 58 in respect of Koti unit. The accused had been employed by him on a salary of Rs. 40/ p.m. to look after the liquor vend shop at Mashobra. The approval of the Excise Department had been obtained for employing the accused. According to die complainant, it was the duty of the accused to sell the liquor and to maintain an account of the sales and to hand over the sale proceeds to him. The gravamen of the complainant was that the accused falsified the accounts by changing some of the leaves of the account books and also committed criminal breach of trust in respect of a sum of Rs. 4,000/5/ .

(3.) THE accused repudiated the charge framed against him and alleged to have been implicated falsely in the crime under consideration out of enmity. He further stated that the complainant use9 to visit the liquor vend shop every third or fourth day and used to check the accounts and take the sale proceeds. It was further alleged that, often, the complainant used to come to the aforesaid shop along with some boon companions of his and used to consume liquor in their company. It was also stated that on 17th and 18th of April, settlement of accounts took place between the complainant and the accused and nothing was found to be due against the latter.