STATE OF BIHAR Vs. SHEIKH NIYAZ AHMAD

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondent.

(2.) THIS Government Appeal has been preferred against the Judgment dated 28.04.2001 passed by Judicial Magistrate, Ist Class, Madhubani in G.R. No. 721 of 1994/Trial No. 264 of 2001 for the offence under Sections 420 and 406 of the I.P.C.

(3.) THE allegation was contested on the ground that no offence was made out, as default in payment was the civil liability only. This much has been accepted by the trial Court following paragraph-13 of P.W.3 that case was lodged to recover dues to the accused. In my view also acquittal basing the observations made by the trial court suffers with no infirmity.