JETHIGAR PUNJGAR GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AFTER some deliberation, Mr. R. J. Goswami, learned Advocate for the applicant revisionist (org. accused) prays for withdrawal of the present application.

(2.) WHILE disposing of the present application as withdrawn, the Court finds it relevant to observe that the applicant-accused at present is undergoing imprisonment for the offence punishable under Section 406 of the Indian Penal Code. The offence is, otherwise, compoundable by paying the amount of misappropriation or satisfying the victim, with the permission of Court. In the present case the amount involved is Rs. 28,988/ -. The applicant perhaps could have compounded the offence by paying the amount misappropriated with interest and other costs to the victim i. e. the Co-operative Society-respondent No. 2 herein.

(3.) ACCORDING to Mr. Goswami, learned Advocate for the org. accused, the respondent No. 2-the Ahmedpura Duddh Udpadak Sahakari Mandali Ltd. , has passed a resolution that the Society is not interested keeping the applicant in prison any more, as the society has received Rs. 40,000/- (org. amount with interest ). Mr. Goswami, has further submitted that the applicant has surrendered before the Jail Authority on 24/12/2007 to serve the sentence and by now he has already undergone about three to four months of imprisonment.