GANGOLLI PRIMARY FISHERIES Vs. K MURTHY

JUDGEMENT

(1.) This revision petition is directed against the order dated 11.3.2009 passed by the Sessions Judge, Udupi District in Crl.A.No.70/2006, reversing the judgment dated 19.8.2006 passed by the Addl. Civil Judge (Jr.Dn.) and JMFC, Kundapura in C.C.No.331/1997.

(2.) The petitioner herein is a Co-operative Society. The petitioner filed a private complaint against the respondent (hereinafter referred to as "accused") under section 408 of Indian Penal Code alleging that the accused was appointed as a Clerk under the petitioner to conduct the auction of fish. It is the case of the petitioner that as an employee of the petitioner, the accused was required to conduct regular auction and deposit the bid amount to the account of the Society. It is alleged that between 7.10.1992 and 30.10.1992, the petitioner-accused collected a sum of Rs.1,45,542/- through bids but deposited only a sum of Rs.44,429/- thereby mis-appropriating a sum of Rs.1,01,118/-.

(3.) The learned Magistrate took cognizance of the offence and framed charge against the accused for the above offences. In proof of the said charge, the prosecution examined as many as 12 witnesses as PW.1 to PW.12 and marked in evidence 31 documents as Ex.P1 to Ex.P31. Upon consideration of the oral and documentary evidence produced by the prosecution, learned Magistrate found the accused guilty of the offence under section 408 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year and a fine of Rs.3,000/-.