STATE OF GUJARAT Vs. SHASHIKANT CHUNILAL PATEL

JUDGEMENT

(1.) THE appellant - State of Gujarat has filed this Appeal under Section 378(1)(3) of Cr.P.C. against the Judgment and order of acquittal dated 31.03.2003 passed by learned Chief Judicial Magistrate, Ahmedabad (Rural), in Criminal Case No. 2332 of 1998, whereby the respondent - accused has been acquitted from the charges levelled against him.

(2.) THE brief facts of the prosecution case is that the respondent - accused was serving as Manager in Gin Division of Viramgam Taluka Sales and Purchase Sangh (herein after referred to as 'the Sangh'). It is alleged that under the instruction of the District Registrar, the audit of the said Sangh was made and the Auditor has found that during the period from 1.4.1992 to 31.3.1994 the accused, by forging and tampering the official records and documents, has misappropriated the amount of Rs. 1,45,911.37 and has also misappropriated to the tune of Rs. 2,39,484.24 paise by making wrong entry in the record. Therefore, the complainant was instructed to file complaint against the accused for the alleged breach and illegality committed by the accused, and thereby the complaint has been filed against the accused - respondent herein for the offences punishable under Sections 406, 408, 409 and 477A of I.P. Code, which came to be numbered as Criminal Case No. 2332 of 1998.

(3.) THEREAFTER , the trial was proceeded against the respondent - accused in the Court of learned Magistrate. To prove the case against the respondent - accused, the prosecution has examined the witnesses and also produced documentary evidence. And at the end of trial, after recording the statement of accused under Section 313 Cr.P.C. and after hearing the parties, the learned Magistrate has acquitted the respondent - accused from the charges levelled against him, vide judgment under challenge.