PANKAJ SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Facts of the case, in short, are that on account of irregularities in the bank record, Deputy Registrar Cooperative Society, Rajnandgaon, appointed B.L. Rana as auditor to conduct special audit of the bank. On the basis of inquiry report (Ex.P-1), FIR was lodged against the applicant in police station alleging that during the period from 17.07.1990 to 14.10.1997 the applicant and other co-accused have committed embezzlement of Rs. 12,44,688/- by manipulating in the accounts of 190 account holders. It is further alleged that in many cases, the amount to be deposited by the depositors was not actually deposited in the accounts of the Cooperative society but the amount was kept in fixed deposit in the account of his wife account as well as in his own name. After completion of investigation Challan was filed and the charge came to be framed against him under Section 409 IPC.

(2.) Learned Magistrate having perused the material before it convicted the accused/applicant under Section 409 IPC and sentenced him as above, which on appeal has been affirmed by the judgment impugned. Hence, this revision.

(3.) Counsel for the applicant submits that the Courts below have committed an error in appreciating the fact that the applicant was cashier and was not responsible for making entry into the ledger book and only clerk of the bank was responsible for making entries in the ledger book. He submits that both the Courts below committed an error in relying upon the statement of PW-1 and PW-4 which were itself contradictory to each other. He further submits that the Courts below have committed an error in convicting and sentencing the accused/applicant as mentioned above though the evidence led by the prosecution was lacking and therefore, the same may be set aside.