ASHOK BHUSHAN,J. - (1.) Leave granted.
(2.) This appeal has been filed against the judgment dated 09.11.2016 of High Court of Karnataka by which the Criminal Revision Petition filed by the State of Karnataka against order of acquittal recorded by the Session Judge has been set aside and the case remanded to the Appellate Court.
(3.) Brief facts of the case as emerged from the record are: There was a dispute regarding entries in Pahani with reference to Sy. Nos. 188, 189 and 190, which was pending before the Assistant Commissioner, Yadgiri. In the proceedings before the Assistant Commissioner, Yadgiri, it is alleged that a settlement has arrived between the parties, which was reduced in writing on a bond paper of value of L 100/- and filed in the Court. The allegation against the Accused Appellant is that on 16.07.2010 at 12.00 Noon, he took away the bond from the file without permission. At 4.00 PM on the same day, Accused again came to the Office of Assistant Commissioner and when enquired, he apologized and assured to return the bond on the next day. However, on the next day, Accused did not come to the Office of Assistant Commissioner. Hence on 18.07.2010 at about 7.00 PM, PW2 lodged a first information report, on the basis of which CC No. 402 of 2010 was initiated. The prosecution produced PW1 to PW7 and document Exhs. 1 to 6. Statement of Accused was recorded Under Section 313 Code of Criminal Procedure. The trial court convicted the Accused Under Section 379 of Indian Penal Code for one year simple imprisonment and nine months simple imprisonment for offence punishable Under Section 201 of Indian Penal Code. Appeal was filed before the Session Judge, Yadgiri. Session Judge vide its judgment and order dated 24.03.2016 allowed the appeal and set aside the conviction acquitting the Accused against which revision was filed by the State, which revision has been allowed and judgment of acquittal has been set aside remanding the case to the Appellate Court for reconsideration. Aggrieved by the said judgment, the Appellant has come up in this appeal. ;