- (1.)THIS is a revision application by one Vinod Kumar, under Section 439 of the code of Criminal Procedure and it arises in the following circumstances.
(2.)THE non-petitioner No. 2 Prabhudayal filed in the Court of Additional Munsif-11-1965. It was stated by him that on 24-7-1965 Rakesh Kumar had obtained from him one transistor on hire on the condition that he would pay Rs. 5 per day for its use, but he failed to pay the amount which was due from him and further failed to return the transistor. It was alleged by the complainant that when he demanded the amount and asked for the return of the transistor from Rakesh kumar, the latter replied that he had pledged it with one Nathmal Bubna, proprietor, Sharda Hotel, Chandpole Gate, Jaipur, since he was in need of money. It was, therefore, prayed by the complainant that since the accused had committed criminal breach of trust in respect of the radio which was entrusted to him, he should be punished for an. offence under Section 406, I. P. C.
(3.)ON 28-2-1966 he presented another complaint before the same Court. In that complaint it was stated that although the Court had issued a search, warrant for the recovery of the transistor, accused Vinod Kumar manoeuvred against its recovery, that he had filed a suit against Rakesh Kumar, obtained a decree and got the transistor auctioned in execution of the decree, that Vinod Kumar had dishonestly received the stolen property from Rakesh Kumar knowing it to be stolen and, therefore, Vinod Kumar should also be tried along with Rakesh Kumar for an offence under Section 411, I. P. C.
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