V.RADHAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed challenging the order passed by the Enquiry Commissioner and Special Judge, Kottayam (for short, 'the Court below') dismissing an application for discharge filed by the revision petitioner.

(2.) The revision petitioner is the accused in C.C.No.9/2014 on the files of the Court below. The offences alleged are punishable under Ss. 13(1)(c) and (d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sec. 409 of the Indian Penal Code.

(3.) The prosecution case, in short, is as follows:- During the period from 31/10/2007 to 13/10/2008, the accused was working as Shop Manager of Labham Market at Mannar. He was entrusted with the commodities and the sale proceeds of that shop. He by abusing his official position as public servant and with dishonest intention to cause wrongful loss to the Kerala State Civil Supplies Corporation and for obtaining pecuniary advantage for himself, misappropriated a total amount of ?3,89,359/-. The aforesaid misappropriation was committed under two heads viz. an amount of ?2,33,174/- as short remittance in bank and ?1,56,185/- as shortage in stock.