Pyari Devi vs State Of Bihar And Ors

Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State as also the learned counsel for the respondent nos.2 to 3 on I.A. No.634 of 2018 as well as on the point of admission of this Special Leave to Appeal.

I.A. No.634 of 2018 has been filed on behalf of the appellant under Section 5 of the Limitation Act to condone the delay of 60 days in filing the present Special Leave to Appeal.

On the grounds mentioned in the aforesaid Interlocutory Application, the delay in filing the present Special Leave to Appeal is, hereby, condoned and, accordingly, I.A. No.634 of 2018 stands disposed of.

This Special Leave to Appeal has been filed on behalf of the appellant under Section 378(4) of the Code of Criminal Procedure, seeking leave to file appeal against the Judgment and Order dated 13.09.2017 passed in Complaint Case No.1087 of 2007/Tr. No.341 of 2017, by which and whereunder the court of the learned Judicial Magistrate, First Class, Muzaffarpur, acquitted the respondent nos.2 to 3 from the charges framed against them for the offence under Sections 406, and 418 of the Indian Penal Code.

From perusal of the impugned Judgment and Order dated 13.09.2017, it appears that the learned Judicial Magistrate, First Class, Muzaffarpur, has discussed all the evidence, available on the record, and arrived at the conclusion that while charge has been framed against the respondent nos.2 to 3 under Sections 406 and 418 of the Indian Penal Code but on mere failure to keep up the promise, as contained in the agreement to sell, it cannot be said that there is criminal breach of trust or cheating and, accordingly, acquitted the respondent nos.2 to 3 from the charges framed against them for the offence under Sections 406, and 418 of the Indian Penal Code.

I find no illegality or infirmity in the impugned Judgment and Order to interfere with the same and, accordingly, this appeal is dismissed being devoid of merit.