STATE OF GUJARAT Vs. DALPATSINH BHAGWANSINH DODIYA

JUDGEMENT

(1.) The appellant-State of Gujarat has filed this Appeal against the order of the learned Chief Judicial Magistrate, Bharuch, dated 8-6-1990 wherein the learned Chief Judicial Magistrate granted the benefit of probation under Section 4 of the Probation of Offenders Act after convicting the accused for the offences punishable under Sections 408 and 477-A, I.P.C

(2.) According to the prosecution, the charge against the accused was for offences punishable under Sections 408 and 477-A I.P.C. According to the prosecution, the accused was working as the Secretary of Dhamnad Co-operative Multi-Purpose Society Ltd. and that he misappropriated, the amount of Rs. 15,01,294-75 P. The accused pleaded not guilty to the, charge framed at Ex. 3. The case was transferred from the Court of the learned Judicial Magistrate, F. C., Janbuser to the Court of the learned Chief Judicial Magistrate, Bharuch on 3-12-1988. Thereafter on 9-5-1989 the complainant Champaksinh was examined. The learned Public Prosecutor appearing on behalf of the State gave an application and, therefore, the remaining evidence of Champaksinh could not be completed. About three months thereafter, i.e. on 10-8-1989 the complainant was examined. Thereafter, till the judgment was delivered, i.e. on 8-6-1990, the prosecution did not examine any of the prosecution witnesses. The accused pleaded guilty to the charge by filing Purshis.

(3.) After hearing both the parties, the learned Chief Judicial Magistrate, Broach, after calling for the report of the Probation Officer, convicted the accused for offences under Sections 408 and 477-A I.P.C. and instead of imposing a sentence, gave benefit under the provisions of Section 4 of the Probation of Offenders Act and ordered the accused to execute the bond in the sum of Rs. 2.000/- and surety of like amount for a period of 2 years. The said order was passed on 8-6-1990.