STATE Vs. SURESH JAMES

JUDGEMENT

(1.) This appeal by the State is directed against the judgment and order dated 17-9-2004 passed by the IV Additional CMM, Bangalore, in C.C. No. 8179 of 1994 acquitting the respondent-accused for the offences punishable under Sections 408 and 477A of Indian Penal Code, 1860. Though the records of the Trial Court were called for as far back as on 27-3-2007 and inspite of issuance of reminders, records were not submitted by the Trial Court. It is now reported by the Trial Court that the records are lost and are not traced. The appeal is already seven years old. The proceedings were initiated about 18 years ago and the offence alleged to have been committed between 3-1-1992 and 26-8-1993. Therefore, without waiting for the records to be traced in the Trial Court, the matter was heard on the basis of the findings recorded by the Trial Court and the copies made available by the learned Counsel for the respondent/accused.

(2.) The allegations made against the respondent/accused was that between 3-1-1992 and 26-8-1993, the accused while working as Manager of the Bata Showroom, Avenue Road, Bangalore, misappropriated the accounts of the showroom to the tune of Rs. 5,12,423.92 and Rs. 43,927.55 in respect of 145 pairs of shoes supplied to M/s. Graphite India Limited and also the balance amount of Rs. 25,506.77 received from M/s. Amala Engineering Company. Thus, the accused has totally misappropriated the amount of Rs. 5,81,858.24 by falsifying the accounts of the showroom and thereby he has committed the aforesaid offences.

(3.) The respondent-accused pleaded not guilty for the charges levelled against him.