NAND KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, the Petitioner has challenged legality and propriety of the order dated 27.11.2001 passed by the Additional Sessions Judge, Dhamtari in Criminal Revision No. 33/2001, affirming the order dated 20.6.2001 passed by the Judicial Magistrate First Class, Dhamtari in Criminal Case No. 225/2001, whereby learned Judicial Magistrate First Class has framed the charge of the offence punishable under Section 409 of the l.P.C. against the present Petitioner and one deceased Uttam Khande.

(2.) As per brief case of the prosecution, on the basis of documents filed on behalf of the Petitioner, present Petitioner was working as Manager of Kisan Rice Mill, Dhamtari, he has taken advance of Rs. 3,56,240/- on 18.12.2001, but as per inquiry made by the Tahsildar, he has failed to account for the same and has criminally misappropriated the same. On the aforesaid basis, repot was lodged and prosecution has been launched against the Petitioner and one Uttam Khande.

(3.) I have heard learned Counsel for the parties, perused the order impugned and other documents filed on behalf of the Petitioner.