NARENDRA A DALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has been convicted for offences punishable under sections 408 and 477A IPC and is sentenced for each offence to undergo simple imprisonment for three years and fine of Rs. 5,000, in case of each default, simple imprisonment of six months. His appeal to the City Sessions Court has failed.This is his revision against the concurrent judgments and orders of the lower Courts.

(2.) The charge against the petitioner-accused was that during the period Ist January, 1975 to 31st December, 1975 while he was an employee (Chief Cashier and Assistant Accountant) of Ambica Tubes (a division of Shri Ambica Mills Ltd.), he had dishonestly misappropriated a sum of Rs. 6,32,500 (Rs. 6,30,000 plus Rs. 2,500) which was entrusted to him or he had wilfully suffered any other person so to do, and thereby he had committed an offence of criminal breach of trust punishable under section 408 IPC. It was also charged that he had wilfully and with intent to defraud, falsified account books of the company for the year 1975, such as daily cash book, ledger and the account of the Union Bank of India, in respect of the nine cheques of Rs. 6,50,000 mentioned in the charge, while acting as such servant of that company, and thereby he had committed an offence punishable under section 477A of the IP Code; the relevant folio numbers have been mentioned in the charge. It is further charged that the petitioner had dishonestly misappropriated a sum of Rs. 19,012.79 Ps. from the cash balance in his charge during the period between 1st January, 1976 and 2nd February, 1978 and thereby he had committed an offence punishable under section 408 of the I P Code.

(3.) The Trial Court had convicted the petitioner in respect of all the charge. In appeal, the learned Sessions Judge has given him benefit of doubt in respect of two cheques Exh. 8 and 11 amounts of which were withdrawn by one Shri R J Patel (P Ws) when the petitioner was absent, but the learned Sessions Judge has confirmed the rest of the findings as also the sentence.