KHEM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having heard the learned counsel for the petitioner and learned P.P. I am of the opinion that this petition merits acceptance.

(2.) An FIR was lodged by Ramratan PW2 alleging that the petitioner is guilty of offence under Sec. 406 IPC. The allegations against the petitioner were that the complainant has pledged certain ornaments with the accused person on 21.6.1973. When he asked to redeem the pledge, the accused refused to give the same. He further stated that finally as per the account of accused the principal amount and interest payable came to Rs.3020.00 which was demanded by the accused. Fie went to the accused with Rs.3100.00 for paying the same to him and further to redeem the pledge. At that stage the accused petitioner denied to deliver the pledged articles and stated that he would not return the ornaments and he would also recovery the amount due from him. This is alleged to have happened on 11th Aug., 1977.

(3.) When police started investigation on 12th Aug., 1977, the accused delivered the articles in question to the police.