STATE OF GUJARAT Vs. MAFATLAL NATHUBHAI NAYAK

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Code' for short) is directed against the order of acquittal passed by the learned Chief J.M.F.C. Mehsana in Chief case No. 31 of 1983 passed on 30-7-1988.

(2.) In order to appreciate the merits of this appeal, a few relevant and material facts may be stated first.

(3.) The prosecution case is that the respondent who is the original accused was working as an Honorary Secretary of the Mehsana Telephone Engineering Division Employee's Co-operative Society, Mehsana at the relevant time during the period 1977-78. He was writing accounts and was incharge of the account books and the record of the said society. He had misappropriated a total amount of Rs. 3,715/ - with an intention to use the said amount for himself. He had misappropriated the aforesaid amount of the members of the said society. It is also alleged that the accused had also fabricated the documents, wrote false accounts and had misappropriated the amount of loan. It was his duty to write accounts and to recover the amount from the members of the society and to credit the said amount in the account books of the society.