STATE OF GUJARAT Vs. JERUBHAI FULJIBHAI

JUDGEMENT

(1.) The present appeal by the State of Gujarat challenges the judgment and order of acquittal dated 30/09/1982 passed by the learned J.M.F.C., Dholka in favour of the accused, whereby the accused is acquitted of having committed an offence punishable under Sec. 408 of I.P.C.

(2.) The case of the prosecution, stated briefly, was as under :

(3.) There is a Co-operative Society by the name of 'The Ambareli Seva Sahkari Mandali' at village Ambareli, Taluka Dholka whereof the complainant was Chairman and the accused was the Secretary at the relevant time. The accused was on a salary of Rs. 315.00 per month, that he was assigned the work of writing accounts, maintaining the cash balance and to look after the banking transactions, and the accused, was accordingly doing such work. The accused, as a Secretary, could not maintain a cash balance in excess of Rs. 500.00 at any point of time and excess amount of cash balance was required to be deposited in the Bank as per a Resolution passed by the said Society. The daily cash balance was maintained as per the accounts by the Secretary, and the actual cash was also kept with the Secretary. The relevant entires in the Rojmel as regards cash balance were made by the Secretary and the correctness thereof endorsed by the signature of the Chairman of the Society (the complainant). The Bank Inspector of the Ahmedabad District Co-operative Bank Limited, Dholka Branch (which was the financing agency for the Society) used to come for visits and check the cash balance, which was to be produced by the Secretary at the relevant time. On the relevant day, viz., 13/09/1978 the cash balance, according to the Rojmel, was Rs. 14,193.73 when the Bank Inspector Shri Mohanbhai Patel paid a visit to the office of the Society, but the Secretary (accused) was unable to produce the cash balance. The accused has made an endorsement to this effect in the Rojmel dated 1 3/09/1978, according to the prosecution, and the same has been countersigned by the Bank Inspector. On the next date, i.e., 14/09/1978 the same Bank Inspector again visited the office of the Society and again demanded the physical verification of the cash balance which according to the Rojmel was on that day Rs. 19,057.81 (closing balance) which the accused could not produce, and the accused has made the endorsement to this effect against that entry in the Rojmel on the said date which was counter-signed by the said Bank Inspector. The prosecution case is, therefore, that the accused has, in his capacity as a Secretary of the Society, committed a criminal breach of trust in respect of cash balance amounting to Rs. 14,000/ - and odd on 13/09/1978 as also of Rs. 19,000.00 and odd on 1 4/09/1978 (inclusive of the earlier amount). This is in substance of the prosecution case based upon the private complaint filed by the Chairman of the Society, the complaint being at Exh. 21 on the record of the case, having been filed on 18/03/1979.