- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 15-11-1995 passed by the learned Judicial Magistrate, First Class, Sheoganj, Dist, Sirohi by which on the application of the complainant as well as accused after attesting the compromise for offence under Section 406, IPC acquitted the accused respondent for the offence.
(2.) This appeal arises in the following circumstances : (i) The accused respondent had obtained loan to the tune of Rs. 22000.00 under the Literate Unemployment Scheme from State Bank of Bikaner and Jaipur, Shivganj on 7-12-1984 and executed documents in favour of the complainant-Bank and the goods purchased by this loan were hypothecated and hypothecation deed was also executed in favour of the Bank, but the accused respondent disposed of said goods and thus, he committed criminal breach of Trust and for that a report was lodged by the Manager, State Bank of Bikaner and Jaipur, Shivganj in the Police Station Shivganj on 5-8-1994.
(3.) On this report, police chalked out regular FIR and after investigation challan was filed against the accused respondent for offence under Section 406, IPC.;