( 1 ) THE present revision petition is directed against the judgment and order passed by the learned Additional Sessions Judge, Jamnagar on 26-7-1983 in a Criminal Appeal No. 47 of 1982.

( 2 ) THE material facts giving rise to the present Revision may be stated at the outset : *against the order passed by the Addl. Sessions Judge, Jamnagar in Criminal Appeal No. 47 of 1982 upholding the order passed by the Chief Judicial Magistrate, Jamnagar in criminal Case No. 1496 of 1981. (1) AIR 1969 SC 401

( 3 ) THE petitioner herein is a goldsmith carrying on business in the name of Choksi Bhagwandas and Vrajlal Brothers at Jamnagar from whom gold ingot weighing 22 grams had been seized pursuant to an offence registered with Crime register No. 76 of 1981. The opponent No. 1 herein is the original complainant who had filed criminal complaint under Sec. 379 of the Indian Penal Code for theft of her ornaments and clothes against one Ranjanben Laxmishankar on 25-1-1981.

( 4 ) PURSUANT to the complaint, investigation was carried out and in course of the investigation, the muddamal gold ingot weighing 22 grams alleged to be stolen by the accused from the complainant had been recovered from