PRADIP MUNDHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE brief facts pertaining to the matter are that the respondent No. 2 filed a complaint before Judicial Magistrate No. 15, Jaipur City alleging therein that the respondent No. 2 being relative of the petitioner advanced Rs. 2,00,000/- to the petitioner by way of a demand draft on 20. 11. 2001. It was agreed that the petitioner would be paying yearly interest on the aforesaid amount to the respondent No. 2 which would be added to the principal amount and the petitioner would return the amount if needed by the respondent No. 2. THE petitioner sent a confirmation of account on 1. 4. 2006 wherein the amount of principal and interest was shown as Rs. 3,11,683/ -. THE respondent No. 2 asked the petitioner to return the aforesaid amount immediately but the petitioner first made excuses and ultimately refused to do so on 10. 12. 2007 and committed criminal breach of trust by investing the amount in his factory with a view to earn profit. THE complaint was sent for investigation under Section 156 (3) Cr. P. C. to police station Malviya Nagar, Jaipur City (East) where F. I. R. No. 91 dated 2. 2. 2008 under Sections 406, 420 IPC has been registered.

(2.) HEARD learned counsel for the petitioner, learned public prosecutor and learned counsel for the respondent No. 2.