M. SHIVALINGAPPA Vs. STATE BY HANDANAKERE

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') has been filed by the petitioner challenging the judgment and order of conviction and sentence passed by the Court of Additional Civil Judge and JMFC, C.N.Hally (for short the 'Trial Court) in C.C.No.285/2003 dtd. 11/10/2013 and the judgment and order passed by the V Additional District and Sessions Judge., Tiptur, (for short the 'Appellate Court') in Crl.A.No.10017/2013 dtd. 7/8/2014.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.

(3.) Brief facts as revealed from the records that may be necessary for the purpose of disposal of this revision petition are, the petitioner-accused who was the Secretary of Primary Agriculture Co-operative Bank, Mathighatta branch (hereinafter referred to as the 'Bank') during the year 1991-92 was involved in misappropriation of funds belonging to the Bank to the tune of Rs.1,84,6379.0047/- and thereby as a Servant/Clerk had committed criminal breach of trust. On the basis of complaint lodged by the Supervisor of DCC Bank, Tumkur - PW.1 on 1/8/2002, the jurisdictional police registered a case against the petitioner for the offence punishable under Sec. 408 of IPC. After completion of the investigation, the police had filed charge-sheet for the aforesaid offence against the petitioner.