K. L. SHRIVASTAVA, J.

( 1 ) THIS revision petition is directed against the order dt. 12-3-1982 passed by the Judicial Magistrate First Class, Jawad, district Mandsaur regarding prosecution of the petitioner in respect of offences under Ss. 182 and 211 of the Indian Penal Code.

( 2 ) THE circumstances giving rise to this petition are these; on the report dt. 18-2-76 lodged by the petitioner Krishnagopal, the non-applicant No. 1 was prosecuted by the police in the Court of Judicial Magistrate First Class, Jawad in respect of offences under Ss. 406 and 420 of the I. P. C. Ultimately charge only under S. 420 of the I. P. C. was framed.

( 3 ) BY his judgment dt. 12-3-82 the learned Magistrate acquitted the non-applicant Purshottam of the offence under S. 420 of the I. P. C. and in para 12 thereof passed the impugned order.

( 4 ) ACCORDING to the petitioner's case the non-applicant No. 1 had on 20-1-76 purchased groundnut oil worth Rs. 34, 534. 38 paise from the former and cheated him stating that the price shall be paid in cash against delivery and that in the event of non-payment the oil shall be retained in trust. Only part payment towards the price was made but the oil was sold in bre

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