PANNA LAL MAHESHWARI Vs. RAJINDNL KUMAR AGARWALLA

JUDGEMENT

(1.) This application in revision is directed against the order passed by the learned Additional Sessions Judge, Dhanbad in Criminal Appeal No. 79/76 whereby the conviction and sentence imposed upon the petitioner has been confirmed.

(2.) The material facts for the disposal of the disposal of this application are as follows: One Rajendra Kumar Agarwalla had approached the petitioner for arranging two trucks for him for dispatching coal and for delivery of the same to the consignee M/s. Industrial Tools Corporation, Bahadurgarh, in the State of Haryana. The hue charge was settled at Rs. 270/- per matrication. The complainant loaded the coal on two trucks arranged by the petitioner and two separate challans were prepared in the name of the complainant on 6th April, 1973. The complainant also paid Rs. 100/- by way of advance. As no delivery of the coal to the consignee was made, the complainant wrote a registered letter with A.D. on 25th May, 1973 to the petitioner making a grievance that no delivery of the coal was made and also informed about the action to be taken against him for committing a breach of trust in respect of the price of the coal loaded in the two trucks. The petitioner did not reply to the letter of the complainant and the complainant lodged an information at Jhar a Police Station on 25th June, 1973, from where it was referred to the court and accordingly a complaint petition was filed in the court giving all the details in the petition. The learned Sub-divisional Judicial Magistrate examined the complainant and took cognizance of the case.

(3.) The petitioner appeared and denied the charges. The petitioner pleaded that he is merely a broker and he only arranged two trucks for the transportation of the coal.