M RAMKRISHNA MENON Vs. KERALA STATE

JUDGEMENT

(1.) THIS Criminal Revision Petition is directed against the judgment of the Sessions Judge, Palghat, dated 15. 12. 1971, affirming the decision of the Additional 1st Class Magistrate, Palghat, dated 27. 7. 1971. The petitioner as the 1st accused was convicted by the learned Magistrate on charges laid under Sections 408 and 477-A of the Penal Code and was sentenced under the former section to rigorous imprisonment for 2 years and to pay a fine of Rs, 2000/-; in default to 4 months' rigorous imprisonment and under the latter section to one year's rigorous imprisonment and also to pay a fine of Rs. 1000/-; in default to rigorous imprisonment for 2 months. The learned Sessions Judge confirmed this conviction and sentences in appeal; but the conviction and sentence passed on the 2nd accused have been set aside. So, the 1st accused alone has come up in revision to this Court.

(2.) THE petitioner in his capacity as the Secretary of the Vadakkanchery Service Co-operative Bank Ltd. was alleged to have misappropriated a sum of Rs. 17,557/- in all within the course of one year beginning from 21. 7. 1964 to 28. 6. 1965 by debiting various sums in Exhibits P-7 and P-8 gold loan registers and Ex. P-10 cash book without making payments to the parties who were described either as fictitious persons or without specifying the names of any such person with a view to cause wrongful loss to the aforesaid Bank and to cause wrongful gain to himself and it is further alleged that the petitioner in the course of the same transaction wilfully and with intent to defraud made false entries in these books of accounts kept and maintained at his instance in the Bank. P. W. 1 laid the complaint before the Police on these allegations. P. W. 2 was the clerk who was familiar with the handwriting of the petitioner. P. W. 3 was one of the Directors of the Bank who proved that the petitioner was the custodian of the cash and loan registers of the Bank during the relevant period. P. W. 4 was one Chellan who stated that he never pledged any gold ornaments in the Bank on any one of the dates on which his name appeared in the registers and that he never received any money. P. W. 5 was a similar person who denied having pledged any ornament or received any money from the Bank. P. W. 7 was a junior Auditor of the Co-operative department who on audit of the accounts found that there was never any gold jewels deposited in the Bank or any money paid to the parties, though various amounts had been debited in their names. He stated further that the petitioner misappropriated various amounts which belonged to the Bank. P. Ws. 6 and 8 were the Police Officers who conducted the investigation.

(3.) THE main question that arises for consideration in this revision petition is whether the charges under Sections 408 and 477-A of the Penal Code framed against the petitioner as well as the trial of the case against him were in accordance with law. The relevant portions of the charges framed against the petitioner read as follows: Firstly:-That you Al and A2 being the Secretary and the President respectively of Vadakkancherry Co-operative Service Bank Ltd. No. F. 1219 with intent to cause wrongful loss to the said Bank and to have wrongful gain to you, misappropriated and converted to your own use a sum of Rs. 17,557/- from 21. 7. 1964 to 28. 6. 1965 by debiting various, sums as against Gold loans in the day book in bogus names without actually pledging, ornaments and without making payments to parties and without party's vouchers and without making corresponding entries in the gold loan register arid thereby committed an offence punishable under Section 408 of the I. P. C. and within my cognizance. Secondly:-That you, A1 and A2 at the same time and place and in the course of the same transaction as is referred to in charge No. 1 wilfully and with intent to defraud made false entries in the books of accounts of the said Bank to the effect that amounts are really paid where as a matter of fact, no amounts are paid and thereby committed an offence punishable under Section 477-A of the I. P. C. and within my cognizance.