RAJASABAI Vs. M S K SUBBIAH

JUDGEMENT

(1.) This is an appeal from an order of acquittal. The appellant filed a complaint against the 1st respondent before the Additional First Class Magistrate's Court, Ernakulam, charging him with offences punishable under S.403, 409 and 477-A IPC. The case against him was that he was appointed manager of the Cochin office of the appellant company and in that capacity he received two cheques Exts. P-7 and P-8 from a customer of the company, cashed the cheques, and instead of crediting the proceeds in the account of the company misappropriated the same.

(2.) The 1st respondent was found guilty of the offences under S.403 and 477-A by the Magistrate and sentenced to pay a fine of Rs. 300/ for the offence punishable under S.403 and Rs. 200/ for the offence punishable under S.477-A. He was acquitted of the charge under S.409, since it has not been proved that he was the agent or manager of the Cochin office.

(3.) Counsel for the appellant submitted that it was open to the court below to have convicted the accused under S 408 as the evidence would indicate that the accused was employed as a servant of the company and if he was so employed and entrusted with money of the company in that capacity and misappropriated the same he would be guilty of an offence punishable under that section. S.408 is as follows: