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2024 Supreme(Chh) 395

PARTH PRATEEM SAHU
Shailendra Agrawal @ Bunty, S/o. Late Anandram Agrawal – Appellant
Versus
Shivshankar Agrawal, S/o. Late Shri Madhusudan Agrawal – Respondent


Advocates Appeared:
For the Applicant : Mr. Rajeev Shrivastava, Sr. Adv. Assisted by Ms. Annu Mishra, Adv.
For the Respondents: Ms. Fouzia Mirza, Sr. Adv. Assisted by Mr. Navin Shukla, Mr. Pramod Shrivastava, Dy. Govt. Adv.

ORDER :

1. Petitioner has filed this criminal revision invoking jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure questioning the legality and sustainability of the order dated 28.01.2020, passed in Criminal Revision No.99/2019, whereby the learned Sessions Court have set-aside the order dated 12.10.2018 framing charge against applicant and further remitted back the case to the learned trial Court for passing order afresh on framing charge after providing proper opportunity of hearing to both the sides.

2. Facts of the case in nutshell are that respondent No.1 lodged a written report to the concerned police station alleging that applicant was engaged by him for the purpose of showing samples to the customers of the goods kept in cold storage, tell them rate, take orders for sale and further to send the sold goods, out of the cold storage. When complainant asked the owner of cold storage with respect to status of goods kept in the cold storage, it was informed that applicant has sold part of the goods kept in the cold storage. The good sold is without his knowledge and thereby he has committed breach of trust and caused loss of Rs.50

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