STATE OF GUJARAT Vs. NAVALSINH JORSING VALA (DARBAR)

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 24.10.2003 passed by the learned Judicial Magistrate, First Class, Sanand, in Criminal Case No. 96 of 1988, whereby the respondent - accused have been acquitted of the charges alleged against him.

(2.) THE brief facts of the prosecution case, in short, is that the respondent -accused was serving as Talati -cum -Mantri at village Nani Devti. At that time in 1986 by receipt No. 36 dated 1.6.1986 he has taken Rs. 6700/ - from the Principal of Adarsh School, Nani Devti, after signing the voucher. It was allleged that the said amount was not credited in the Daily Books of Accounts on that date and he only credited Rs. 4700/ - and he has misappropriated the amount of Rs. 2000/ -. Thereby the respondent - accused has committed the offence under Sections 409, 477A of I.P. Code. Therefore, the complaint has been filed against the respondent - accused before Sanand Police Station.

(3.) THEREAFTER necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him before the court of learned Magistrate. The trial was conducted against the respondent.