M. M. MADAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 6/2/2015 in C.C.No.16387/2004 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Bengaluru and its confirmation judgment and order dtd. 16/8/2019 in Crl.A.No.355/2015 on the file of the Court of the LXIII Additional City Civil and Sessions Judge (CCH-64) at Bengaluru, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused was convicted for the offence punishable under Sec. 409 of Indian Penal Code (for short ' IPC ').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court. Brief facts of the case are as under:

(3.) It is the case of the prosecution that, the petitioner herein was working as Bus Conductor at Bangalore Metropolitan Transport Corporation (for short 'BMTC') situated at Puttenahalli, Yelahanka Hobli, Bengaluru. He was deputed to Route No.276/2, which was plying from Kempegowda Bus Station to Vidyaranyapura. It is stated that, on 22/6/2004, he was the Conductor of the bus bearing registration No.KA-05-C- 2201 and he was entrusted the tickets worth of Rs.7,744.00 by the Depot Manager and it was the duty of the petitioner to remit the amount along with unsold tickets, if any, to the concerned Depot after duty was over. It is stated that, even after completion of his duty, the petitioner has neither returned the balance tickets nor deposited the amount collected by him after selling the tickets to the passenger. Thereafter, the complainant-Depot Manager filed a complaint before the jurisdictional police for not remitting the amount to the Depot by the petitioner. The jurisdictional police have registered a case under Sec. 409 of IPC, after conducting investigation, submitted the charge sheet.