- (1.) This criminal leave to appeal under Section 378(iii) & (i) Cr.P.C. has been filed by the State against judgment and order dated 18.10.2005 passed by learned Additional Chief Judicial Magistrate, Sri Ganganagar in Criminal Case No.488/01 (State Vs. Vasab Ali) whereby the accused respondent has been acquitted of the charge under Section 406 IPC.
(2.) The facts of the case in brief are that a written report was filed by complainant Ramesh Mittal on 02.06.2001 to the effect that he was dealing in business of vehicle financing and accused respondent requested him to finance a motorcycle on hire purchase basis. The complainant thereafter getting executed relevant documents financed motor cycle to the accused on hire purchase and paid sum of Rs.36,965/- through cheque, Shri Jagtar Singh stood guarantee for loan amount. The case of the prosecution is that after making payment of certain instalments, the accused respondent stopped making payment of instalment and finally sold the financed motorcycle to some other persons.
(3.) After completion of investigation, challan was filed in the trial court and charge was framed against the accused respondent under Sections 406 IPC. The accused denied the charge and claimed trial. In support of its case, prosecution examined 4 witnesses. After close of the prosecution evidence, in the statement recorded under Section 313 Cr.P.c., the accused person denied the prosecution case and claimed to be innocent. In defence, no witness was examined. The learned trial court after hearing learned counsel for the parties, acquitted accused-respondent of the charge framed against him under Section 406 IPC vide its judgment dated 02.06.2001. Hence, the present criminal leave to appeal has been filed.;