KANTILAL GANDALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal by special leave against the judgment rendered by the High Court of Gujarat in Criminal Revision Applicaiton No. 160 of 1967. The appellant was convicted by the learned Judicial Magistrate, First Class, Dhrangadhra under Section 408 of the Penal Code and was sentenced to imprisonment till the rising of the court and to pay a fine of Rs. 700/-. The order of conviction and sentence was confirmed in appeal by the Sessions Court and in revision by the High Court.

(2.) The appellant was working as the Secretary of a Co-operative Society which is briefly referred to in the judgment of the High Court as the 'Sangh' Another society referred to as the 'Mandali' had purchased 100 maunds of manure from the Sangh for Rs. 475/- The case of the prosecution is that a sum of Rs. 275/- paid by the Mandali to the Sangh on July 13, 1957 towards the price of the manure was misappropriated by the appellant.

(3.) The appellant denied that the amount was entrusted to him and contended that the Mandali had paid the sum of Rs. 275/- to Harshadrai Raval who was working as an accountant of the Sangh.