GIRJA SHANKAR PATHAK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH these revisions are directed against the judgment and order dated 10.06.2009, passed by Addl. Sessions Judge / First F.T.C., Haldwani, District Nainital, in Criminal Appeal No. 12 of 2007 and Criminal Appeal No. 13 of 2007, whereby said court has dismissed the two appeals and affirmed the conviction and sentence of both the revisionists, relating to offences punishable under Section 409 and 420 of I.P.C. The trial court (Chief Judicial Magistrate, Nainital) vide its judgment and order dated 22.03.2007, had convicted the revisionists Girja Shankar Pathak and Jagdish Chandra Sharma under Section 409 and 420 of I.P.C., and sentenced each one of them to rigorous imprisonment for a period of six months, and also directed to pay fine of Rs. 2,000/-, on each count.

(2.) HEARD and perused the record.

(3.) ON behalf of the revisionists it is argued that there was no entrustment of amount of Rs. 7,610/- to the revisionists, as such, the ingredients of offence punishable under Section 409 of I.P.C., are not made out. It is further pleaded that the accused had no role in commission of the offence alleged as there was no dishonest intention on their part which is necessary for the purposes of constituting offence punishable under Section 420 of I.P.C.