JUDGMENT 1. - This revision petition has been directed against the order dated 1.2.1992 passed by the learned A.C.J.M. No. 2, Jodhpur, in the Criminal Case no. 720/87 by which charges for the offences Under Sections 420, 477-A and 120-B Indian Penal Code were ordered to be framed against the accused petitioners. 2. I have heard the arguments of both the sides. 3. From the proceeding dated 20.9.89, it is evident that the parties have effected a compromise and on the basis of the compromise the accused petitioners were acquitted of the offence Under section 420 Indian Penal Code. Obviously, the charge for the offence, for which acquittal had been recorded on the basis of the compromise, cannot be ordered to be framed. Therefore, the order of the learned Magistrate for framing charge for the offence Under Section 420 Indian Penal Code cannot be sustained. 4. In the complaint, the complainant non-petitioner No. 2 has called the accused petitioners to be its agents. It is evident that the accused petitioners were not clerks, officers, servants or employee of the complainant when the alleged crime has been reported to have been committed. The offence Under section 477-A Indian Penal Code is made out only when the alleged falsification of the account is done by a clerk, officer, servant or employee of the complainant. As the accused petitioners were not clerks, officers, servants or employee of the complainant nor they were acting in such capacity on behalf of the complainant. Therefore, in my opinion, no primafacie case for the offence Under section 477-A Indian Penal Code is made out against the accused petitioners. 5. The learned Magistrate has also ordered that the charge for the offence Under section 120-B Indian Penal Code should be framed against the accused petitioners. The order of the learned Magistrate is quite sketchy in this behalf. Therefore, it will be in the interest of justice that before framing the charge and reading it over to the accused petitioners for the offence Under Section 120-B Indian Penal Code, the learned Magistrate may hear the arguments of both the sides and pass an speaking order. 6. In the result, the order dated 1.2.1992 ordering framing of charges is set aside. The accused petitioners shall not be charged for the offences Under Sections 420 & 477-A Indian Peal Code. 6. In the result, the order dated 1.2.1992 ordering framing of charges is set aside. The accused petitioners shall not be charged for the offences Under Sections 420 & 477-A Indian Peal Code. The matter is remitted to the learned lower Court for passing an order afresh in respect of framing of charge for the offence Under Section 120-B Indian Penal Code or any other offence after hearing both the sides according to law.Revision partly allowed. *******