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Judgment
K. Narayan, J.—List has been revised, none appears for accused. Heard A.G.A. and Sri A.N. Srivastava and perused the record.
The appeal is directed against the order of acquittal dated 2.3.1979 rendered by Munsif Magistrate, Haldwani, district Nainital in criminal case, No. 106 of 1977, under Sections 406 and 420, I.P.C.
A perusal of the record shows that the allegations of the complainant were in the form that the accused who was also sanchalak of the Co-operative Society, had prepared certain paper in his name and obtained loan which be might have or must have been utilized for his own purposes as the complainant had not taken any money. The evidence led by the prosecution in this behalf was in the form that the complainant was at that time a minor and that he has not executed any pronote, receipt or any agreement in that behalf. Therefore it was all conjectural on his part. In order to fasten a criminal liability the evidence has to be direct and clinching Criminal liability cannot be fastened merely because an offence was committed in the office held by the accused Respondent. Therefore, there is no force in this appeal and the order of acquittal is perfectly justified.
The appeal is, therefore dismissed.