Bibek Chaudhuri,J. - (1.) A short question involved in the instant criminal revision is as to whether a trial court while acquitting an accused can pass an order of compensation against the employer of the said accused under any of the provisions of Section 357 of the Code of Criminal Procedure.
(2.) Opposite party No.2 PBK Menon was the Deputy Manager (Systems) of Indian Oil Corporation Ltd, a Government company. On 18th December, 1993, the Central Bureau Investigation (hereafter referred to as CBI for short) registered a suo moto a FIR on the basis of source information against one Zenith Electronic and Power Systems and its proprietor N.V Pravakarn alleging, inter alia, that the said N.V Pravakarn had entered into a criminal conspiracy with some unknown persons inducing the Indian Oil Corporation, the petitioner herein to place an order for certain electronic gazettes and get payment for the same without the goods being supplied. The investigation of this case culminated in filing charge-sheet against the said N.V Pravakarn and others including the opposite party No.2 under various provisions of the Indian Penal Code as well as Prevention of Corruption Act, 1988.
(3.) It will be not be out of place to mention here that after receiving the information of initiation of criminal case against opposite party No.2, a disciplinary proceeding was drawn up against him by the petitioner on 25th March, 1994. The said disciplinary proceeding was however not conducted because of the written request placed by the CBI on 4th August, 1995. Finally by an order dated 30th October, 1997 the disciplinary authority held that the charge against the opposite party No.2 was not proved.;