JUDGMENT Mandhata Singh, J. 1. Heard learned counsel for the appellant and learned counsel for the respondent. 2. This Government Appeal has been preferred against the Judgment dated 28.04.2001 passed by Judicial Magistrate, Ist Class, Madhubani in G.R. No. 721 of 1994/Trial No. 264 of 2001 for the offence under Sections 420 and 406 of the I.P.C. 3. Prosecution case, in brief, is that on 26.06.1992 a credit card was issued to the accused-respondent, Sheikh Niyaz Ahmad numbered as “BOB Card, Allahabad Bank bearing no. 02206090001. The credit was to be debited from the Saving Account of the accused-respondent. Further, it was undertaken to make overdrawn amount within fifteen days. Credit card is used, money was withdrawn at several occasions and the amount credited reached Rs. 1,18,324.87 along with the interest up to March, 1994, withdrawal of the money is not denied. . 4. The allegation was contested on the ground that no offence was made out, as default in payment was the civil liability only. This much has been accepted by the trial Court following paragraph-13 of P.W.3 that case was lodged to recover dues to the accused. In my view also acquittal basing the observations made by the trial court suffers with no infirmity. 5. Accordingly, this Government Appeal is hereby dismissed. 6. Let a copy of this judgment be handed over to the learned Amicus Curiae for needful.