(1.) Heard learned counsel for the appellant and learned counsel for the respondents.
(2.) This appeal is directed against the judgment and order of acquittal dated 20.03.1999 passed by Sri Rabinder Patwari, learned Judicial Magistrate - Ist Class, Patna in Complaint Case No. 868 (C) of 1994 by which the accused person has acquitted for the offence under Section 407 of the Indian Penal Code.
(3.) The prosecution case as alleged in the complaint is that he booked eleven bundle copies worth Rs.18,036/- to the transporter accused for carrying the same to Gopalganj on a charge of Rs. 218/-. The assignment did not reach to its destination. When it was intimated to the transporter-accused, he assured to comply it immediately but the accused always deferred the matter on one pretext or other and finally refused the liability. Hence, the complaint case was filed.