PRABHAKAR VENKTESH UPADHYE Vs. RAMESHWAR PRASAD GUPTA

JUDGEMENT

(1.) The applicants have filed this petition under Section 482 of Cr.P.C. being aggrieved by an order dated 05.02.2012 passed by learned 8th Additional Sessions Judge, Jabalpur in Criminal Revision No.198/11 arising out of an order dated 29.06.2011 passed by learned Judicial Magistrate, First Class, Jabalpur in Criminal Complaint Case No.782/05 framing charges against the applicants for the offence punishable under Sections 406 read with Section 409 of IPC.

(2.) The facts in short of the case are that the respondent filed a private complaint under Section 200 of Cr.P.C. alleging that the applicants being Executive members of the society in question have illegally misappropriate and grabbed the society's fund. Learned trial Court after recording the statement of the complainant and after issuing notices to the applicants framed charge under Section 406 read with Section 409 of IPC against the applicants. Being aggrieved by the same, the applicants had filed a Criminal Revision, which was also dismissed by the impugned order.

(3.) During pendency of Criminal case, the applicants and respondent/complainant filed applications for compromise of the matter and learned trial Court vide order dated 16.12.2015, partly allowed the application for compromise and acquitted the applicants for the offences punishable under Section 406 of IPC, however, learned trial Court proceeded with the matter against the applicants for the offence punishable under Section 409 of IPC on the ground that the same is not compoundable under the law.