SUDESH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed by the petitioner challenging the judgment dated 24.03.2006 rendered by the Presiding Officer, Fast Track Court - II, Chikmagalur dismissing the appeal and confirming the judgment of conviction and order of sentence rendered by the trial Court in C.C.No.578/1994 dated 17.12.1999. By the said order dated 17.12.1999, the Trial Court had sentenced the accused to undergo simple imprisonment for two years and to pay a fine of Rs.1,000/- for the offence punishable under Section 408 IPC and had sentenced him to undergo simple imprisonment for two years and to pay a fine of Rs.1,000/- for the offence punishable under Section 477-A IPC and both the sentences were to run concurrently. The Appellate Court by order dated 24.03.2006 directed the Trial Court to pay a sum of Rs.1,000/- to PW.1 - Ramesha Acharya as reward out of the fine amount of Rs.2,000/-. To that extent, the operative portion of the judgment of the trial Court was modified.

(2.) The factual matrix of the case of the prosecution is as follows:

(3.) Learned counsel for the petitioner - accused contends that both the courts below have not at all appreciated the evidence on record in a proper perspective. In that, the necessary ingredients of the offence of criminal breach of trust as defined under Section 408 IPC or the ingredients of Section 477A of IPC have not been established by the prosecution in order to convict the petitioner. Further, that there is a long and unexplained delay in filing the complaint.