NAGINDAS TARACHAND KOTHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present revision application is filed by the original accused against the order of dismissal of appeal and confirmation of conviction and sentence passed by the learned Addl. Sessions Judge Surendranagar on 27/08/1980 in the Criminal Appeal No. 78 of 1979 which was filed against the order of conviction and sentence passed by the learned Judicial Magistrate First Class. Dhranagadhra on 29/10/1979 in the Criminal Case No. 375/78. The learned Judicial Magistrate First Class by the aforesaid order convicted the accused-petitioner for the offence under sec. 408 and also for the offence under sec. 201 of the IPC and sentenced him to undergo R.I. for three years and fine of Rs. 5 0 and in default to undergo S.I. for one year for the offence under sec. 408 of IPC and also imposed one years R.I. and a fine of Rs. 500.00 and in default further S.1. for three months for the offence under sec. 201 of the IPC but ordered that substantive sentence of imprisonment to run concurrently. As stated above the learned Addl. Sessions Judge had confirmed the aforesaid order of conviction and sentence.

(2.) The facts of the case leading to the present revision application can be briefly stated as under:

(3.) The petitioner was the Secretary of Shree Kodh Group Kheti Vishayak Vividh Karyakari Sahkari Mandali. The Mandali was a multi-purpose co-openative society dealing in seeds and other agricultural commodities. The petitioner was working as its Secretary for the last 10 to 12 years. The agriculturists were members of the said Mandali. As the working of the said Society was not in accordance with law and Rules and as there was mismanagement the Assistant Registrar of Cooperative Societies under sec. 81 of the Gujarat Co-operative Societies Act 1961 passed an order removing the managing committee and passed an order for taking over the manage meat of the Society by the Administrator. One Shri Chaturbhai Muljibhai Pachasra who was the Assistant Inspector of Surendranagar Disti. Co-opertive Bank of Dhrangadhra Branch was appointed as Administrator of the said Society. The accused-petitioner being the Secretary as per the Rules the entire record of the Society together with the stock cash dead stock and accounts used to remain with him. On the appointment of the Administrator he issued a notice to the petitioner to hand over the same along with the charge of the management of the Society.