Allegedly, on his reply that he would make the payment only of the amount due from him as per settled accounts abusive language was used and he was slapped by one Gautam Dubey.
A First Information Report was lodged on the basis of the said report after six days from the alleged date of companymission of the offence.
An application for discharge was filed by the appellant under Section 239 of the Code of Criminal Procedure, 1973, inter alia, on the premise that the disputes between the parties had been settled.
A charge sheet was filed on companypletion of investigation on 2.2.2001 against the appellant herein purported to be for an offence under Sections 323, 384, 504 read with Section 34 of the Indian Penal Code.
This appeal is directed against a judgment and order dated 18.4.2006 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.10432 of 2003, whereby and whereunder a companypromise between the parties was number accepted as the appellants were said to be involved in companymission of an offence under Section 384 of the Indian Penal Code, 1860.
Arising out of S.L.P. Crl.
3978 of 2006 B. Sinha, J. Leave granted.
A sum of Rs.1580/ was said to have been taken away from his upper pocket.
The basic fact of the matter is number in dispute.
A written report was lodged on 6.9.2000 by the 2nd respondent herein alleging that on 31.8.2000 at about 5.00 p.m. some unknown persons had companye to his room No.207 at Jagat Trade Centre at Fraser Road, Patna and informed him that as a sum of Rs.1500/ was due to him, he should make the payment thereof.
