1. - Heard learned counsel for accused as well complainant petitioner and learned Public Prosecutor appearing on behalf of the State of Rajasthan.

2. An FIR No. 287/2001 was registered at police station, Kotwali District Sikar by complainant Banwari Lal. After investigation, chargesheet came to be filed against the accused petitioner Manoj Kumar Joshi under Section 336 & 338 IPC. Then, substance of the offences was read over in to the accused, who pleaded not guilty. In the meantime, the dispute was compromised between the complainant and the accused, therefore, the accused was acquitted under Section 338 of IPC. Thereafter, statement of the complainant was recorded and he turned hostile; he did not supported the prosecution case. Thereafter an application under Section 239 of Code of Criminal Procedure for discharging the accused was submitted and the same was dismissed by learned Chief Judicial Magistrate, Sikar in Criminal Case No. 287 of 2001 State of Rajasthan v. Manoj Kumar Joshi . Hence, this petition under Section 482 Cr.PC.

3. It is not disputed that the offence under Section 336 is not compoundable, therefore, the learned Magistrate could not have granted permissi