LAWS(GJH)-2011-1-123

STATE OF GUJARAT Vs. KANUBHAI RANCHHODBHAI DARJI

Decided On January 24, 2011
STATE OF GUJARAT Appellant
V/S
KANUBHAI RANCHHODBHAI DARJI Respondents

JUDGEMENT

(1.) THE appellant-State of Gujarat has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 29th March 1990 passed by the learned Judicial Magistrate First Class, Halol, in Criminal Case No.1877 of 1985, whereby the learned Magistrate has acquitted the respondent-accused of the charges levelled against him.

(2.) THE short facts of the prosecution case is that the respondent-accused was serving as a Clerk in the office of Range Forest Officer, Halol. During the course of discharging his duties between the period 28th June 1983 and 24th June 1984, there was public auction of teakwood at village Shivrajpura, Halol. It is the case of the prosecution that in that public auction, in all total 11 persons had deposited Rs.27,307.76 paisa with the respondent-accused and the said amount was utilised by the respondent for his personal use. It is the case of the prosecution that though the respondent has to give receipt to one Shri D.P. Shah for Rs.10,232.60 paisa, he has given kachchha receipt with a view to cheat him. It is the case of the prosecution that respondent-accused had prepared false documents and with full knowledge, the respondent used the said documents with a view to cheat him. It is also the case of the prosecution that the respondent has intentionally not issued receipt of amount in favour of other 10 persons. THE respondent intentionally not credited the said amount in cash book and also not kept any copy in the record.

(3.) BEING aggrieved and dissatisfied with the said judgment and order dated 29th March 1990 passed by the learned Judicial Magistrate First Class, Halol, in Criminal Case No.1877 of 1985, the appellant-State of Gujarat, has preferred the above mentioned Criminal Appeal.