STATE OF GUJARAT Vs. SATABHAI RANCHHODBHAI PATEL

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order dated 30th January 1993 passed by the learned J.M.F.C., Umreth, in Criminal Case No. 219 of 1988 whereby the learned Magistrate has acquitted the original-accused No. 2 and 3, the present respondents of the offences alleged against them.

(2.) It is the case of the Prosecution that the present respondents, original-accused No. 2 and 3 were working as 'Clerks' in Service Cooperative Society and during their service tenure there was a deficit of an amount of Rs. 2,54,041.14 ps., and after deducting the share capital and addition of collection amount the total amount of misappropriation was arrived at Rs. 2,90,486.14 ps. As it was found that the said amount was utilised for their personal use the accused No. 2 and 3 were charged under Section 408 and 114 of the Indian Penal Code. In order to prove the charges levelled against the accused, the present respondents, the Prosecution has examined in all 19 witnesses as under;

(3.) Learned APP, Shri HL Jani appearing for the appellant has taken me through the oral as well as the documentary evidence on record as well as the observations made by the Trial Court more particularly in paragraph No. 9 and the subsequent paragraphs. The Trial Court has observed that all transactions had taken place in Shop No.1 of the society by original-accused No.1 who is absconding, and that no financial transaction was done by the present respondents. Apart from the above the accounts from 1st July 1985 were written subsequently on the basis of receipt. However, the accounts were not written regularly and in view of the close relationship of the Chairman with the accused No.1 an attempt is made to rope in these two accused in the offence of misappropriation. Keeping in mind the conduct of the office bearers of the society and Auditors' Report, the Trial Court has given benefit of doubt to the present respondents.