KARNAM SIDDAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition, Mr. V. Krishnamurthy, Advocate for the Petitioner-Accused raised several contentions. One of such contentions, in my opinion, requires consideration.

(2.) The accused was charged under Section 409 of the Indian Penal Code and was convicted and sentenced to six months' Rigorous Imprisonment and to pay a fine of Rs. 500/- and is default of payment to undergo Simple Imprisonment for one month more. He was the President of a Co-operative Society. The charge against him was that he misappropriated between 30th June 1953 and 18th January 1954 a sum of Rs. 7,849-2-8. He was previously convicted on the same allegations and against that conviction he preferred an appeal to the Sessions Court at Bellary and the Sessions Judge set aside the conviction and sent the matter hack for framing the charge properly, he being of opinion that the charge framed was not proper. Thereafter the present charge was framed and the trial took place and he was convicted and sentenced as mentioned before.

(3.) It appears that as President of the Society the Petitioner had in his hands the said sum of Rs. 7,849-2-8. On 18th January 1954, the Assistant Registrar of Co-operative Societies inspected the accounts of the Society and the money in the hands of the President was not then forthcoming. He took time to produce the same till 31st January 1954 but failed to do so. The Assistant Registrar again visited the Society on 11th April 1954 and on 10th April 1954. On these days he made enquiries whether the money had been repaid. But it was found that money had not been repaid. It was only on 19th April 1954 that the whole sum was repaid, except a small sum of Rs. 149-2-8 which was alleged to have been applied for the purchase of a carpet for the Society,