RASUL MOHAMMAD HANIF GULANDAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave from an order of the High Court of Bombay summarily dismissing the appeal filed by the appellant from the order of conviction and sentence passed by the learned Additional Sessions Judge, Sholapur. The appellant, was found guilty of the offence under Sections 409 and 477-A of the Indian Penal Code and was sentenced to rigorous imprisonment for three years and a fine of Rs. 1,000/-

(2.) The appellant was the Head Clerk in the Office of the Diagnostic Centre (hereinafter called the Centre) Employees' State Insurance Scheme, Sholapur. The in-charge of the Centre was Dr. Gajanan Dattatraya Joglekar who was the Medical Officer. The Office was situated in the building owned by the Dhanrajgirji Hospital, Sholapur and the Centre had to pay monthly rent to the managing trustee of the Hospital.

(3.) On 24-9-1964 the appellant prepared Abstract Bill No. 16 for Rs. 827.42 n.p. for the payment of rent 30-6-1964. The Abstract Bill was sent to the Treasury and on 7-11-1964 which was a Saturday the amount was withdrawn from the Treasury by the appellant. On 9-11-1964 the amount was shown as received from the Treasury and on the same date a debit entry was made to the effect that it was paid to the Hospital by way of rent. The Cash Book was checked and signed by Dr. Joglekar and Dr. Joglekar has admitted that he had seen and verified on 9-11-1964 that a receipt for the amount had been received from the Hospital for the amount paid to it.