GOVIND LAL ARYA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS revision has been directed by the convict Govind Lal Arya against the concurrent finding of guilt arrived at by the learned C.J.M. Rudraprayag as well as by learned Sessions Judge, Rudraprayag.

(2.) REVISIONIST Govind Lal Arya, being a cashier -cum -clerk of District Cooperative Bank Limited, Branch Augustmuni, was chargesheeted for the offence of Section 409 Indian Penal Code and was tried by the learned Magistrate. After the conclusion of trial, he was found guilty for the offence of Section 409 Indian Penal Code and was ordered to undergo three years' R.I. nay the fine of Rs. 3,000/ - and in default of payment of fine, he was further directed to undergo one year's additional imprisonment. This judgment was rendered by learned trial court on 28.1.2002. Revisionist preferred an appeal No. 2/2002 against the said judgment and order of the Magistrate but the appeal was dismissed and the order passed by the learned Magistrate was affirmed.

(3.) REVISIONIST neither moved any application for leave or station leave nor handed over the charge of the entire cash to the Manager in writing or any other day book or cash book, which he was supposed to hand over to the Manager of the bank. It is pertinent to mention here that in the said bank, only the Manager S.S. Bhandari along with the clerk -cum -cashier, i.e. revisionist Govind Lal Arya was working as the total staff except a Guard, who is supposed to be on duty to protect the bank from the miscreants.