Rongon Mukhopadhyay, J. - (1.) No one appears on behalf of the petitioner. However, Mrs. Vandana Bharti, learned A.P.P. is present. In spite of service of notice upon opposite party no. 2, he has not put in his appearance.
(2.) This application is directed against the judgment dated 15.07.2008 passed by the learned Judicial Magistrate 1st class, Jamshedpur in Sidgora P. S. Case No. 171 of 1996 corresponding to G. R. No. 1613 of 1996 by which the opposite party no. 2 has been acquitted from the charges levelled against him under Section 406 & 420 of I.P.C.
(3.) The prosecution story in brief is that the opposite party no. 2 had induced the informant to provide bank loan and has offered his vehicle as a bank guarantee. It has been alleged that the opposite party no. 2 has taken Rs. 85,000/- in the name of his firm fraudulently. Based on the aforesaid allegations, Sidgora P. S. Case No. 171 of 1996 was instituted in which after investigation, charge-sheet was submitted leading to taking of cognizance and thereafter charge was framed against the opposite party no. 2 under Sections 420 & 406 of I.P.C. to which he pleaded not guilty and claimed to be tried.;