1. -The petition seeking leave to appeal under section 378 (4) Cr.PC. was allowed by this court vide order dated Jan. 24, 1990 and the petition was ordered to be registered as appeal. The complainant - appellant (for short the complainant) has filed the instant appeal impugning the judgment dated September 23, 1989 of Judicial Magistrate No.2 Ajmer whereby the accused respondent Amrish Kumar Jain (for short the accused) was acquitted for the charge under section 494 IPC and the learned Magistrate also directed to issue notice under section 193 IPC to the complainant as well as her witness Satya Prakash Shastri.

2. Brief resume of the case is that the complainant instituted a complaint on July 18, 1984 against the accused and two other persons namely. Manju Devi and Inder Chand Jain in the Court of Judicial Magistrate No.2 Ajmer. After recording the statements under section 200 and 202 Cr.PC., the learned Magistrate took cognisance under section 494 IPC The complainant examined herself as PW.1. Harlal Gupta as PW.2, Satya Prakash Shastri as PW.3, Jeneual Pw.4 and Immamudin Khan as PW.5. and thereafter charge under section 494 IPC was framed. The accused was allowed to recros