HARIPRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code"), the petitioner has challenged the order dated 5-11-2004 passed by the Additional Sessions Judge, Parbatsar (for short, "the Revisional Court" hereinafter) in Criminal Revision Petition No. 59/2003, by which the Revisional Court dismissed the revision petition filed by the accused-petitioner and maintained the Order dated 19-4-2003 passed by the Additional Chief Judicial Magistrate, Makrana (for short, "the trial Court" hereinafter) in Criminal Case No. 119/98, by which the trial Court framed charge under Section 406, IPC against the petitioner.

(2.) Briefly recapitulated, the facts of the case are that a written report was lodged vith Police Station, Makrana by one Brij Mohan Sharma, Branch Manager, State Bank of India, Makrana against the petitioner to the effect that the petitioner was granted loan of Rs. 34,673/- under the Unemployed Scheme. Out of this loan amount, RS. 20,673/- were disbursed for purchasing the machinery and Rs. 5000/- towards working capital. It was further alleged in the FIR that the petitioner undertook to repay the loan amount within the stipulated period and till then the machinery shall remain hypothecated. It was alleged that the petitioner had not repaid the loan etc. and misappropriated the machinery. On this report, the police registered a case under Sections 420 and 406, IPC and after investigation, challan was field against the petitioner for the aforesaid offences. The trial Court, vide order dated 19-4-2003, discharged the petitioner from the offence under Section 420, IPC; however, framed charge against him for the offence punishable under Section 406, IPC. The revision petition filed by the petitioner challenging the order of the trial Court stood dismissed vide impugned order dated 5-11-2004. Hence this criminal miscellaneous petition.

(3.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the orders impugned passed by the Courts below and the challan papers.