NATWARLAL CHATRABHUJ SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision petition is filed by Natwarlal Chatrabhuj Shah original accused No. 2 who along with Opponent No. 2 Karadia Varjang Naran who was accused No 1 in Criminal Case No. 2145 of 1968 filed in the Court of the Judicial Magistrate First Class Mangrol. The petitioner-original accused No. 2 was the Secretary and Opponent No. 2 original accused No. 1 was the President of the Dhelana Multipurpose Co-operative Society for the years 1965-66 and 1967-68. The petitioner and opponent No. 2 will hereinafter be referred to as accused Nos. 2 and 1 respectively.

(2.) The Co-operative Society was doing the business of distributing sugar and giving loans to its constituents. It was the duty of accused No. 2 to collect the amount from the members of the Society and to pass receipts in token of monies given to write account-books and to maintain all accounts of the working of the Society. The accounts of the said Society had been audited on or about 7-6-1966 for a period from 1-5-1965 to 31-5-1966. The auditor who inspected the accounts felt the necessity of inspecting the accounts of the period subsequent to 31-5-1966. One Mr. R. A. Parikh sub-auditor for the purpose of auditing the accounts of the Society on 20-8-1967 went to the office of the Society at Dhelana which was being maintained in the house of accused No. 1 and he was informed by accused No. 1 that accused No. 2 had taken away the books of accounts and sum of Rs. 2300.00. Mr. Parikh then went to Rudalpur where accused No. 2 was staying and he was informed by the accused No. 2 that the books of the Society were with accused No. 1 and not with him. Subsequently on a report being made one Dolatshanker Pandya Assistant Co-operative Societies Officer went to the office of the Society in September 1967 and attached from the cup-board in the office of the Society at the house of accused No. 1 the books containing the resolutions of the society and one book of counter foils of receipts issued by accused No. 2. It was found that between 1-6-1966 and 25-4-1967 a sum of Rs. 18 864 P. had been misappropriated. Subsequently a complaint came to be filed against both the accused Nos. 1 and 2 charging them with having committed criminal breach of trust as also abetting the offence as also under sec. 201 read with sec. 114 of the Indian Penal Code for causing the disappearance of the account-books of the Society.

(3.) In the course of the trial the learned Magistrate framed charges in the alternative charging accused No. 1 under sec. 406 and sec. 408 read with sec. 109 Indian Penal Code and accused No. 2 i.e. the present petitioner under sec. 406 read with sec. 109 Indian Penal Code and also under sec. 408 Indian Penal Code. Both of them were also charged under sec. 201 read with sec. 114 of the Indian Penal Code.