P.K. Musahary, J.

1. Heard Mr. M. Kar Bhowmik, learned Sr. Counsel appearing for the petitioner and Mr. P.K. Biswas, learned Counsel for the respondent No. 1. Also heard Mr. R. C. Debnath, learned P. P. In-charge appearing for the State/respondent No. 2.

2. The petitioner who is the manager and constituted attorney of Ms. Radiohms Agencies filed a written complaint against the accused respondent No. 1 before the Court of the Chief Judicial Magistrate, West Tripura, Agartala alleging misappropriation of value of goods amounting to Rs. 1,80,637.28 during the tenure of the accused as one of the employees of Radiohms Agencies which was forwarded to the police for registering the same as FIR. Eventually a case being G.R. 999/96 under Section 406/420 IPC was registered and after completion of investigation, charge was framed under Section 408/420 IPC. Trial was commenced in the Court of learned Additional CJ. M, West Tripura, Agartala.

3. During the trial, the petitioner complainant engaged his Counsel to assist the prosecution as per law. The prosecution examined P.W. 1 to 5 on different dates. The petitioner was examined as P.W. 6 on 24.1.2000. Thereafter, the petitioner filed an