IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39630 of 2009 CHATARBHUJ MISHRA S/O LATE KAILASH MISHRA, SECRETARY, ZILA KHADI GRAM UDYOG , R/O MOHALLA- KANHAULI MATH, P.S.MITHANPURA, DISTT- MUZAFFARPUR..............................................................................................Petitioner. Versus 1. THE STATE OF BIHAR. 2. PRAMOD KUMAR SINHA S/O NOT KNOWN ENFORCEMENT OFFICER EMPLOYEEES PROVIDENT FUND , REGIONAL OFFICE , COURT PREMISES, MUZAFFARPUR. ............Opposite Parties. ----------- For the petitioner: Mr. Nachiketa Jha, Advocate. For the State : Mrs. Indu Bala Pandey, A.P.P. 2. 18.01.2010. Heard learned counsel for the petitioner and counsel appearing on behalf of the State. The petitioner has filed this application against the order dated 25.06.2009 passed in Cr. Revision No. 82 of 2009 by the District & Sessions Judge, Muzaffarpur, to discharge the petitioner for offence under Sections 409 and 420 of the Indian Penal Code. The prosecution case is that the provident fund of the employees of Zila Khadi Gram Udyog Sangh, Muzaffarpur, was deducted from their salary but was not deposited in their accounts resulting in a loss of interest of the employees. Learned counsel for the petitioner submits that the petitioner can not be held guilty of offence under Sections 406 and 409 of the Indian Penal Code as the petitioner had not misutilised the amount of provident fund deducted from the salary of the employees for his own gain, rather the money was transferred to the account of Zila Khadi Gram Udyog Sangh. It is, therefore, submitted that the petitioner is not guilty under Section 420 of the Indian Penal Code as he had not deliberately cheated the employees of the said 2 Sangh. This aspect of the matter can only be considered in a full- fledged trial. In case, the petitioner and the Sangh deposit the amount of provident fund and their interest, it would be open for the court below to drop the proceedings on the basis of the fact that Sections 420 and 409 of the Indian Penal Code are compoundable. This application is disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)