This is an appeal against acquittal filed under Section 378 (3) and (4) of the Code of Criminal Procedure, 1973 (Code).

2.The appellant filed a complaint alleging that the 1st respondent along with others committed offence punishable under Sections 406 , 420 and 120B read with Section 34 of the Indian Penal Code, 1860 ( IPC ). The 1st respondent alone was summoned and tried. He was tried on a charge for the offence under Section 406 of the . The Chief Judicial Magistrate, Ernakulam convicted and sentenced him as per the judgment dated 03.07.2009. The 1st respondent appealed. The Additional Sessions Judge (Adhoc)-II, Ernakulam allowed the appeal and acquitted the 1st respondent. Challenging that judgment, this appeal has been filed.

3.Heard the learned counsel for the appellant and the learned Public Prosecutor. The 1st respondent did not turn up. 4.The accusation against the 1st respondent was that he obtained possession of a stage carriage having registration No.KL-3-6512 on hire from the appellant. A hire purchase agreement was executed in that regard. The 1st respondent defaulted payment of hire instalments and an amount of Rs.1,62,872/- was to be paid as on 16.04.200