Bind Basni Prasad, J. - (1.) THIS is a petition in revision by a lady; Shrimati. Ginni Devi against two persons, Shrimati Ratni Devi and Murari Lal, who are husband and wife.
(2.) BRIEFLY , the facts are that Shrimati Ginni Devi brought a complaint under Section 406 of the Indian Penal Code? against the opposite -party alleging that the latter had borrowed from her a gold Tagri for temporary use. It is said that it was of the value of rupees two thousand Subsequently the complainant demanded the return of the ornament but the opposite party did not return it and is denying the loan and has thus committed criminal breach of trust. In the present case, when the complaint was brought, they contended that the ornament was never lent to them and they denied their liability to return. The learned Magistrate relying upon Emperor v. Gurji 6. B.L.R. 1093 held that the loan of a chattal does not constitute the borrower a person entrusted with the chattal or with dominion over it within the meaning of Section 406 I.P.C. In this view of the matter he discharged the Opposite party.
(3.) THE complainant went up in revision before the learned Sessions Judge but he dismissed it summarily.;