MIHIR KUMAR ACHARYA Vs. CALCUTTA MACHINERY

JUDGEMENT

(1.) This is an application under S.482, Code of Criminal Procedure, to expunge certain adverse remarks contained in the judgment in ICC Case No. 95 of 1987.

(2.) The petitioner who was the accused before the trial Court was charged under Ss. 408 and 418, Indian Penal Code, on the allegation that he had misappropriated certain amount. The trial Court on discussion of the evidence came to hold :-

(3.) After having heard the learned counsel for the petitioner as well as the learned counsel appearing for the opposite party, I am of the opinion that the aforesaid observation to the effect "... ....and it appears he has misappropriated the money as an employee of the firm" cannot be allowed to continue in the judgment, as the said observation runs counter to the judgment itself whereunder the accused was acquitted. Therefore, the said observation shall stand expunged from the judgment of the trial Court.