JUDGMENT

V.Gopala Gowda J.

Leave granted.

2. This appeal is filed by the appellant/accused questioning the correctness of the judgment and final Order dated 04.02.2009 passed by the High Court of Judicature at Rajasthan, Jaipur in S.B. Criminal Misc. Petition No. 1067 of 2005 remanding the matter back to the trial court for fresh decision in the light of the statements of the witnesses and also the material and evidence available on record, urging various facts and legal contentions in justification of his claim.

3. Necessary relevant facts are stated hereunder to appreciate the case of the appellant/accused and also to find out whether he is entitled for the relief as prayed in this appeal.

At the time of filing of this appeal, there were two respondents, respondent no.1 Ram Dayal – the complainant and respondent no.2 – the State of Rajasthan. Name of the complainant-Respondent no.1 has been deleted vide this Court’s order dated 13th September, 2010 as the appellant could not take steps of service upon him.

The complainant alleged that on 1.10.1994, he gave three gold chains weighing 6.5 tola to the accused-appellant for making a new design chain after melting the old chains. But accor