LAWS(SC)-1973-11-45

DADARAO Vs. STATE OF MAHARASHTRA

Decided On November 20, 1973
DADARAO Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant who was accused No.3 in the court of the learned Judicial Magistrate, 1st Class, Buldana, was tried along with two others under S.408 of the Penal Code on the charge that he committed breach of trust in respect of a sum of Rs.7,000/-. The learned Magistrate convicted all the three accused and sentenced the appellant to rigorous imprisonment for six months. The learned Sessions Judge, Buldana, in appeal, acquitted accused No.1 but maintained the conviction and sentence of the appellant and of accused No.2. That order having been confirmed by the High Court, Bombay, Nagpur Bench, accused No.3 has brought this appeal by special leave.

(2.) The three accused were employees of the Chikhli Taluka Sahakari Shetki Kharedi Vikri Samiti Ltd., Chikhli. The Samiti had its head office at Chikhli and a branch office at Buldana. Accused No.1 was working as an accounts clerk at the Buldana branch, accused No.2 was an accounts clerk usually stationed at Chikhli while the appellant, being the Manager, used to look after the work of both the head office and the branch office, the distance between the two being about 15 miles.

(3.) The Samiti used to receive large amounts in its Buldana branch office and those amounts used to be carried to the head office by some employee or the other. In the daily cash book maintained at Buldana, debit entries used to be made showing the amount despatched to the head office and mentioning the name of the person through whom the amount was sent. Normally, the head office would send the receipt to the branch office the next day and then the branch office would number such receipts serially. It is in the course of these transactions that seven thousand rupees are alleged to have been entrusted to the appellant on November 10, 1965 and nine thousand five hundred rupees on November 11. The allegation is that the appellant credited the sum of Rs.9,500/- in the books of the head office but misappropriated the sum of Rs.7,000/-.