Dharmpal Sinha, J.

1. This appeal on special leave has been filed under section 378 (4) of the Code of Criminal procedure by the complainant against the Judgment and order dated 20.6.1986, whereby the Learned Sub-divisional Judicial Magistrate, Patna city, has acquitted the accused Bishun pd. Agrawal, opposite party No.2 in the special leave application (To be hereinafter referred to as the respondent) of the offence punishable under Sections 406 and 420 of the indian Penal Code in Complaint Case No.33 of 1980, Trial No.554 of 1986.

2. The case had been initiated on the basis of a complaint filed by the appellant, Hanuman Pd. Didwania on february 12, 1980 before the Sub-divisional Judicial Magistrate, Patna city and he had alleged therein that the accused-respondent had come to the shop of the complainant situated at jhauganj, Police Station-Chowk, District-Patna at 12 noon on 20.7.1977 and made a request that he was in urgent need of Rs.93,00/-, without which his prestige may be spoiled and the appellant on assurance given by Respondent that he would pay back the money within a week, handed over the amount of Rs.93,00/- to the respondent. The respondent did not pay back th