STATE OF GUJARAT Vs. PATEL KANJIBHAI VALJIBHAI

JUDGEMENT

(1.) THE State of Gujarat preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 [for short 'Cr. P.C.'] challenging the legality and validity of the judgment and order passed by the learned Judicial Magistrate First Class, Kheralu [for short 'the learned Magistrate'] dated 18/2/1997 in Criminal Case No. 1768 of 1986. By virtue of the impugned judgment and order, the learned Magistrate was pleased to acquit the accused for the offences punishable under sections 406, 467, 468 and 477(A) of the Indian Penal Code [IPC].

(2.) THE case of the prosecution, in nut shell, is that on or about 4/3/1985 the accused was performing his duty in capacity as Secretary of Shahupura Milk Producers Cooperative Society [for short 'the society']. During his tenure as Secretary in the society, it was transpired that the accused committed serious irregularities and the permanent misappropriation of the amount to the tune of Rs.9,235/ - was made by the accused. That on 4/3/1985 the accused debited the amount of Rs.4,235/ - vide Rojmel page no. 46 regarding the price of 50 bags of Sagardan in the name of the President of the society, but the sale proceeds were not credited in the account books maintained by the society. On 15/3/1985 vide Rojmel page no. 47, Rs.6,000/ - were shown to have been credited in the name of the President of the society Mr. NK Patel, mentioning that the amount was withdrawn from the bank, but no supporting document or any supporting entry in the books of account maintained by the society was found. Similarly, on 15/3/1985 Rs.1,000/ - were shown to have been credited in the name of the President of the society Mr. NK Patel, but no receipt was found in support thereof. The President of the society Nanjibhai Kanjibhai filed a private criminal compliant against the accused in the Court of the learned Magistrate on 3/1/1986 and the learned Magistrate was pleased to forward the complaint for police investigation under section 156(3) of the Cr. P.C. After concluding the investigation, the police filed charge -sheet in the Court of the learned Magistrate against the respondent accused for the offences punishable under sections 406, 467, 468 and 477(A) of the IPC. The learned Magistrate framed charge against the accused vide exh. 4. Thereupon the accused did not plead guilty and the prosecution adduced its oral and documentary evidence.

(3.) ON behalf of the appellant State, learned APP Mr. Mengde argued that the learned Magistrate erred in not properly appreciating the oral and documentary evidence adduced by the prosecution before the trial Court. That in the deposition of the complainant, who is President of the society, Mr. NK Patel, cogent and reliable evidence is forthcoming to connect the accused with the crime. His deposition is supported by documentary evidence. The prosecution examined Auditor, who audited the accounts of the society and it has come in the evidence that the accused had permanently misappropriated the sum of Rs.9,235/ -. That it has come in evidence that the financial transaction of the society was under the control of the accused, who was Secretary of the society. The books of accounts were written by him. That the learned Magistrate has not properly appreciated the documentary evidence produced by the prosecution. Therefore, it is submitted that the appeal be allowed and the impugned judgment and order passed by the learned Magistrate be set aside and the respondent accused be appropriately punished for the offences punishable under sections 406, 467, 468 and 477 (A) of the IPC.