GOPI NATH RAINA Vs. PT NILA KANTH

JUDGEMENT

(1.) THIS revision is directed against the order dated 22 -6 -1973 passed by the Judicial Magistrate 1st Class (Judge Small Causes) Srinagar dismissing the case against the accused respondent under section 408 R. P. C. and acquitting him of the charge framed against him.

(2.) A challan under section 408 R. P. C. was presented by the police Shergarhi against Nila Kanth the accused respondent before the court of Judicial Magistrate 1st Class (Judge Small Causes) Srinagar. The allegation against the accused was that as a salesman -cum -Accountant of the firm Raina House Wine Merchants Amirakadal, Srinagar he was entrusted with the goods of the firm and there was a direction to him to keep proper and regular accounts of the sales and to deposit the sale proceeds daily in the Bank. The accused in violation of the directions did not deposit the sale proceeds in the Bank but dishonestly misappropriated them to his personal use. On a report filed by the complainant before the police a case under section 408 R. P. C. was registered which resulted in initiation of criminal proceedings against the accused. The accused was charge -sheeted under section 408 R. P. C. by the trial court and the prosecution was directed to produce its evidence. Part of the statement of Gopi Nath witness was recorded by the trial court but afterwards neither he nor any other witness was examined by the prosecution with the result that the court below closed the evidence of the prosecution and in consequence thereof dismissed the case against the accused respondent.

(3.) I have heard the learned counsel for the parties.