HINDUSTAN TIMES LIMITED Vs. ASHOK KUMAR AGGARWAL

JUDGEMENT

(1.) This criminal revision is directed against judgment dated February 4, 1989, of an Additional Sessions Judge, New Delhi, by which he had dismissed. the appeal filed by the petitioner against the order of sentence dated September 4, 1986, passed by a Metropolitan Magistrate, New Delhi, by which instead of sentencing respondent No. 1-Ashok Kumar, he was released on probation for maintaining peace and being of good conduct for a period of two years on his furnishing bail bond in the sum of Rs. 10,000.00 (ten thousand) with one surety in the like amount, after he was convicted of an offence punishable under Section 477-A of the Indian Penal Code.

(2.) Shri Ashok Kumar Aggarwal was charged for offences punishable undersection 120-B and Sections 408, 477-A read with Section 120-B of the Indian Penal Code as well but he has been acquitted of those charges. The only question which arises for decision in this petition is whether the Metropolitan Magistrate was right in giving benefit of probation to the said convicted person. It appears that during the period April 1, 1971 to April 14, 12, there took place misappropriation of funds of the petitioner to the tune of Rs. 1,34, 649/50 P.

(3.) Shri S. K. Dey was working as Cashier for the relevant period at the advertisement receipt counter of the petitioner and he used to receive the advertisements and the cash and issue necessary receipts and for some period, as he was on leave, another employee of the petitioner Daya Swarup Saxena substituted in place of S. K. Dey. The duty being performed by respondent No. I-Ashok Kumar Aggarwal was to calculate the totals in the register where entries used to be made inrespect of the daily vouchers issued by the other two accused. He was working as a Computorist. The case of the prosecution was that they had entered into a conspiracy to defraud the petitioner of the amounts being received in the manner that wrong totals used to be made in respect of the amounts received and on the basis of the wrong totals showing less amounts, the amounts used to be deposited with the Main Cashier and in this way the said amount was misappropriated by these three accused,