BHAGWATI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order dated 21.6.1996 passed by Learned Judicial Magistrate, Nimbahera in Cr. Case No. 574/88 by which he framed the charge Under section 476 Indian Penal Code against the petitioner. The petitioner has prayed that the order framing charge and the charge may be quashed.

(2.) The brief facts of the case are that the complainant Mangilal resident of Kanara filed a complaint against the petitioner and alleged that the petitioner took Rs. 1,500.00 on 10.5.1983 and Rs. 3,000.00 on 25.5.1983 in connection with the conversion of the petitioner's land into Abadi. The petitioner assured that the above amount will remain with him as trust till his land is not converted in Abadi. The petitioner got a farm filled up on 30.5.1983. The complainant thereafter, received a order from the office of the Collector on 1.8.1989 for depositing money at the rate of Rs. 125.00 which was deposited by him. The land was not, however, converted into Abadi and only one thousand square yard land was converted by an order dated 1.6.1984. The complainant asked the petitioner to return the amount but he refused and has committed the offence of criminal breach of trust.

(3.) The complainant was forwarded to SHO Nimbaheda under Sec. 156(3) Criminal Procedure Code and charge-sheet was submitted against the petitioner Under section 406 Indian Penal Code. A case No. 574/88 Under section 406 Indian Penal Code is pending and by the impugned order dated 21.7.1995 charge Under section 406 Indian Penal Code framed against him.