ABINASH CHANDRA BOSE vs BIMAL CHANDRA BOSE

The Supreme Court held that the High Court's order to retry the appellant, a lawyer acquitted of misappropriating Rs. 5000 under Section 409 IPC, was erroneous. The Court emphasized that the prosecution's failure to present evidence, including a handwriting expert, could not justify a retrial, as the same criminal jurisprudence principles apply to all individuals, regardless of their profession. The acquittal was upheld, reinforcing that no retrial should occur simply due to the complainant's lack of evidence.