TARA CHAND Vs. RAGHUNATH & OTHERS

JUDGEMENT

(1.) Petitioner-Tara Chand son of Fateh Chand, resident of House No.3, Vikas Colony, Kaimri Road, Hisar has filed the present petition under Section 482 CrPC impugning the order dated 17.2.2014 passed by learned Judicial Magistrate Ist Class, Hisar (Annexure P-1), whereby the complaint filed by the petitioner under Sections 409/218/467/468/471/120-B IPC was dismissed, as well as order dated 29.10.2015 passed by learned Sessions Judge, Hisar (Annexure P-2), whereby the revision petition filed against the aforesaid order dated 17.2.2014 has also been dismissed.

(2.) Briefly stated, the petitioner-complainant who is retired draftsman from PWD(B&R) department had filed a complaint alleging therein that the accused-respondents had embezzled the diesel amounting to Rs.75,071/- from 13.5.2009 till 31.5.2011 and they had prepared false record. It has been alleged in the complaint that respondent no.2 was allotted a government jeep bearing No.HR-20R-5901 for the period from 13.9.2009 till 31.5.2011 for performing the government works. Respondent No.1 - Raghunath was posted as driver of the said jeep. The log-book of the said jeep was to be maintained by respondent no.2. The tank of the jeep had a capacity of 65 litres.

(3.) It was alleged that the accused persons had fraudulently filled up the log book by showing the balance diesel above the limit of 65 litres in the said jeep. There were irregularities in maintaining the log book. The log book was not regularly filled up and the same was prepared afterwards in pursuance of the criminal conspiracy by the accused persons.