HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.351 of 2007 DATED 22.01.2010 Between: Bairu Venkateswarulu … Petitioner And Edukulla Venkateswarulu and another … Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.351 of 2007 ORDER: This petition is filed by the accused under Section 482 Cr.P.C. for quashing that part of order dated 19.06.2006 passed by the Judicial Magistrate of the First Class (Special Mobile Court), Nalgonda in Crl.M.P.No.1198/2006 in C.C. No.391/2005 by which the lower Court refused to accord permission to the petitioner to compound offence punishable under Section 408 I.P.C with the victims 1 to 9 on the ground that subject matter of defalcation is more than Rs.200/-. 2) Amount stated to have been misappropriated by the accused in this case is to the extent of Rs.9,00,000/-. He is charged with offences punishable under Sections 420 and 408 I.P.C. The lower Court granted permission to the petitioner for compounding offence punishable under Section 420 I.P.C and not offence punishable under Section 408 I.P.C. Section 320(2) Cr.P.C. enables the Magistrate to accord permission for compounding of offence punishable under Section 408 I.P.C in case value of the property does not exceed Rs.2,000/-. The Magistrate has no jurisdiction or power to accord permission for compounding offence punishable under Section 408 I.P.C involving Rs.9,00,000/-. I find that order passed by the lower Court is legal and proper. 3) In the result, the petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J January 22, 2010 KSH