MANAGOBINDA SAHU Vs. SAMSER ALI KHAN

JUDGEMENT

(1.) In this revision petition the complainant seeks to challenge the order of the S.D.J.M., Jaipur in I.C.C. No. 321 of 1981 dismissing his complaint and dis. charging the opposite parties under Section 245(1), Criminal Procedure Code.

(2.) The gist of the facts relevant for the present proceeding are that the petitioner filed a complaint against the two opposite parties, opposite party No. 1 being the father of opposite party No. 2, alleging inter alia that he had authorised one Bidyadhar Bank on 9-5-1979 to receive 100 bags of cement allotted to him for his Cement Tile Factory (Sanamukhi Tile Factory, Jaipur) from the cement factory at Rajgangpur on 10-5-1979. When the latter appeared before the Company authorities and wanted to deposit the money for taking delivery of the cement bags he was informed that the stock had already been lifted by some person giving out the name of the complainant. The said Bidyadhar Bank returned to Jaipur and intimated the petitioner about what transpired at Rajgangpur. Then the petitioner gave a report to the local police relating to the matter. Subsequently, be came to learn that the opposite party had lifted the stock of cement allotted to him falsely giving out his name.

(3.) In the enquiry under Section 202, Criminal Procedure Code the said Bidyadhar Bank and the petitioner were examined. They gave statements supporting the allegations noted above. On consideration of their statements, the learned Magistrate came to hold that the evidence of P.Ws. 1 and 2 does not make out a case of cheating under Section 420, Indian Penal Code which if unrebuted would warrant a conviction. As such, seeing no sufficient ground for proceeding against the opposite parties, he dismissed the complaint.