JAGDISH SINGH NAMDHARI Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 341 of Cr.P.C arising out of the judgment dated 16.4.2015 passed by Second Additional Sessions Judge, Gohad District Bhind in Sessions Trial No.222 of 2011 by which, the trial Court while deciding the Sessions Trial has directed that as the appellant had not supported the prosecution case, therefore, it appears that he had given false evidence, accordingly, cognizance was taken under Sec. 340 of Cr.P.C and it was directed that the complaint be filed before the Court of JMFC, Gohad District Bhind.

(2.) The necessary facts for the disposal of the present appeal in short are that appellant lodged an FIR against accused Kaptan Singh and Rakesh Yadav on the allegation that by misrepresenting, they had fraudulently taken an amount of Rs. 1,91,800.00 from the appellant. Accordingly, the police filed charge-sheet against accused Kaptan Singh and Rakesh Yadav for the offence under Sections 420/34, 467/34, 468/34 and 506 Part 2 of IPC. The charges were framed against accused persons for above mentioned offences.

(3.) Undisputed facts are that during pendency of the trial, appellant entered into a compromise with accused Kaptan Singh and Rakesh Yadav and filed an application under Sec. 320 of Cr.P.C seeking permission to compound the offence. As the offence punishable under Sec. 420/34 of Penal Code was compoundable, therefore, the application was partially allowed and the accused persons namely Kaptan Singh and Rakesh Yadav were acquitted for the said charge. However, as the offences punishable under Sections 467/34, 468/34 and 506 Part 2 of Penal Code were not compoundable, therefore, application in respect of those offences was rejected.