MAHAVEER Vs. POONA DEVI
LAWS(RAJ)-1998-3-17
HIGH COURT OF RAJASTHAN
Decided on March 24,1998

MAHAVEER Appellant
VERSUS
Poona Devi Respondents

JUDGEMENT

AMARESH KU.SINGH, J. - (1.) HEARD the learned Counsel for the petitioner, the learned Public Prosecutor and the learned Counsel for the non -petitioner no. 2.
(2.) THIS criminal revision petition is directed against the order dated 2nd February, 1988 passed by the Munsif and Judicial Magistrate, Ladnu in complaint case no. 44/1986. By the above mentioned the Munsif and Judicial Magistrate, Ladnu accepted the final report submitted by the police and dismissed the protest petition. The petitioner's case is that on 22nd March, 1986 he gave some old ornaments to Smt. Poona Devi (non -petitioner No. 1) so that by utilising the gold of those ornaments, new ornaments as desired by the petitioner may be manufactured by Dalam Chand (non -petitioner No. 2), who is the husband of non -petitioner No. 1. Dalam Chand carries on the business of manufacturing gold ornaments at his shop. According to petitioner, at the time of delivery of ornaments to the non -petitioner No. 1, the ornaments were weighed and agreement was executed in presence of witnesses by the non -petitioner No. 1. The agreements was scribed by Shri Jai Chand. According to petitioner, the non -petitioners did not manufacture the new ornaments nor they returned the old ornaments to the petitioner and mis -appropriated them. The petitioner approached the police to register a case, but his prayer was declined, therefore, he filed a complaint on 2nd June, 1986 in the Court of Munsif and Judicial Magistrate. Ladnu alleging the commission of offences under Sections 420 and 406 IPC.
(3.) THE complaint was sent to the S.H.O. of the Police Station, Ladnu under Section 156(3) Cr. P.C. The police registered the FIR No. 56/1986 and alter investigation submitted a final report.;


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