HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 419 BNSS No. - 187 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant- Sanjeev has filed this application under Section 419(4) Bhartiya Nagrik Suraksha Sanhita, 2023 for setting aside the impugned judgment dated 17.07.2025 passed by Judicial Magistrate-III, Saharanpur in Complaint Case No. 592 of 2025; titled : Sanjeev v. Naveen and others, under Sections 323, 406, 504, 506 I.P.C., Police Station Sadar Bazar, District Saharanpur, whereby opposite party no. 2 has been acquitted. Learned counsel for the applicant has argued that applicant-complainant has argued that the trial Court proceeded to acquit the accused for alleged commission of offence punishable under Section 406 I.P.C. on the sole ground that the advancement of money by the complainant to the accused is not proved by leading any cogent evidence, as the complainant had not executed any receipt. According to the learned counsel, the complainant and the accused are known to each other and trusting the accused, a sum of Rs.50,000/- was given by the complainant as a loan to him. He submits that the two witnesses examined by the complainant have proved the advancement of money to the accused, therefore, the impugned judgement calls for interference by this Court. Upon hearing the learned counsel and considering his submissions, this Court finds that according to the complainant himself, the amount was given to the accused for his use in his hour of need, and merely because the accused failed to keep his promise to return the amount to the complainant, it may not constitute the offence of criminal breach of trust punishable under Section 406 I.P.C. A perusal of the impugned order Versus Counsel for Applicant(s) : Ram Babu Tiwari Counsel for Opposite Party(s) : G.A. Sanjeev .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s) would show that the trial Court has carefully examined the evidence on record while acquitting the accused and the impugned judgement does not call for any interference. No other ground has been argued. Resultantly, the application seeking leave to appeal is dismissed. September 9, 2025 Shiv NA419 No. 187 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad