Delhi District Court
Fir No. 94/18 Ps Madhu Vihar State vs Pramod Kumar 12.07.2018 Pg No. 1/3 on 12 July, 2018
IN THE COURT OF SH. PRANJAL ANEJA
METROPOLITAN MAGISTRATE-01, SHAHDRA DISTRICT,
KARKARDOOMA COURTS, DELHI
State v. Pramod Rai
FIR No. 94/18
PS: Madhu Vihar
U/s 408/182 IPC
a. Serial No. of the case : 3812/18
b. Date of commission of offence : 09.04.2018
c. Date of institution of the case : 09.06.2018
d. Name of complainant : Sh. Shiv Kumar Agarwal
D/o Sh. Shankar Lal
e. Name of accused : Pramod Rai
S/o Sh. Shivaji Rai
R/o Village Salempur
Dogariya, PS Gurol,
Post Mahua, Distt. Vaishali
Bihar.
f. Offence complained of : U/s 408/182 IPC
g. Plea of accused : Prayed for compounding
U/s 408 IPC & plead guilty
for offence U/s 182 IPC
h. Final order : Acquitted for offence U/s
408 IPC & Convicted for
offence U/s 182 IPC
i. Date of judgment : 12.07.2018
FIR No. 94/18 PS Madhu Vihar State V. Pramod Kumar 12.07.2018 Pg No. 1/3
JUDGMENT
1. Briefly stating, the case as per prosecution is that on 09.04.2018 at about 05.00 p.m. within the jurisdiction of PS Madhu Vihar accused Pramod Rai being employee of S.K. Aggarwal, Proprietor of Aggarwal Taxon Pvt. Ltd. Company at Gagan Vihar Extn. Delhi were deputed by said employer to collect a sum of Rs. 20 lacs from one Vishal Mittal, at Choudhary Mode, Ghaziabad UP and after having collected the said amount from said Vishal Mittal, accused dishonestly misappropriated the said amount which was entrusted to accused in his capacity as an employee and thereby committed offence punishable U/s 408 IPC. It is further alleged that on10.04.2018 at about 05.15 a.m. at PS Madhu Vihar accused gave false information/false complaint to police official/public servant regarding the fabricated incident of theft/robbery qua the said entrusted amount of Rs. 20 lacs and thereby committed offence punishable U/s 182 IPC.
2. After completion of investigation, charge-sheet was filed against accused for the offence U/s 408/182 IPC. Cognizance of the offence has been taken and charge u/s 408/182 IPC framed against the accused today itself to which accused pleaded not guilty and claimed trial.
3. Complainant Sh. Shiv Kumar Agarwal has appeared today and stated that he has settled the present matter with the accused amicably and does not want to contest the present case as he has forgiven the accused. Separate statement of complainant has also been recorded to this effect. Upon query, IO has stated that there is no previous criminal history of the accused.
FIR No. 94/18 PS Madhu Vihar State V. Pramod Kumar 12.07.2018 Pg No. 2/3
4. I have heard the submission of Ld. APP for the State, Complainant and Ld. LAC Sh. A.K. Tyagi for the accused. I have also perused the record.
5. In the present case, the accused is charged for the offence u/s 408/182 IPC. As per section 320 Cr.P.C. the offence punishable U/s 182 IPC is non-compoundable offence while the offence punishable U/s 408 IPC is a compoundable offence. In view of the submissions and the statements of the complainant, I permit the parties to compound the offence punishable U/s 408 IPC, which shall have the effect of acquittal of accused Pramod Rai for the offence U/s 408 IPC.
6. After compounding the offence U/s 408 IPC, accused pleads guilty for the offence punishable U/s 182 IPC. Plea of guilt recorded separately.
7. In view of plea of guilt, accused Pramod Rai is convicted for the offence punishable U/s 182 IPC.
8. Be heard separately on the point of sentence.
Digitally signed by PRANJAL PRANJAL ANEJA Directly Dictated on the ANEJA Date: 2018.07.12 16:51:10 +0530 Computer System and Announced in the open (PRANJAL ANEJA) Court on 12.07.2018 Metropolitan Magistrate-01 Shahdra District, Karkardooma Courts, Delhi FIR No. 94/18 PS Madhu Vihar State V. Pramod Kumar 12.07.2018 Pg No. 3/3