STATE OF KERALA Vs. V T JOHN

JUDGEMENT

(1.) CRIMINAL Appeal 333 of 1961 is filed by the State against the Judgment of the District Magistrate of Quilon acquitting the respondent who was charged for offences of criminal breach of trust and falsification of accounts, offences punishable under Sections 409 and 477a I. P. C. Criminal Revision Petition 297 of 1961 is filed by P. W. 3, the complainant for setting aside the order of acquittal. As these have been heard together and arise out of the same judgment, a common order is passed.

(2.) P. W, 3, Kuttappan Nair is the proprietor of Krishnan Nair's Watch Company, Emakulam. The respondent was the Manager of the Quilon branch. Several types of watches, clocks, time-pieces, etc. , used to be entrusted to the respondent for sale. The head office at Emakulam maintains the stock register in respect of each of the articles so entrusted. Ext. P-4 is the stock register. Stocks were made over to the branch under transfer notes duly acknowledged by the Manager. There is no dispute with regard to the entrustment of stocks. In respect of the daily sales of articles the Manager had to issue sale chits and prepare daily statements of sales and send them to-the head office. Sale proceeds had to be deposited in the Palai Central Bank and the receipts obtained from the bank had to be sent to the head office.

(3.) P. W. 1 the cashier had visited the Quilon branch in March and on verification had found the stock and accounts correct. His next visit was on 29th June, I960. When he checked, he found shortage in stock, several bills, and the money collected thereunder were seen not entered m the daily statement and the amounts were not seen remitted into the bank. P. W. 1 would have it that the accused admitted having utilised the amount so realised for his use and left the shop leaving the keys on the table. He, therefore, contacted the Proprietor by phone. P. W. 3 came over to Quilon and after satisfying that moneys had been misappropriated, laid a complaint Ext. P-21 before the Quilon East Police Station. After investigation the accused was charge-sheeted.