SUSHIL KUMAR GUPTA vs JOY SHANKAR BHATTACHARYYA

The Supreme Court held that the acquittal of co-accused does not negate the conviction of the principal accused under Sections 408 and 477-A IPC for criminal breach of trust and falsification of accounts. The Court found that the appellant's actions constituted a criminal breach of trust as he misappropriated funds contrary to the Society's bye-laws, which could not be ratified by the Directors. The Court also ruled that there was no misjoinder of charges affecting the appellant's rights and criticized the appellate court for improperly granting a certificate under Article 134(1)(c) without proper judicial discretion.