V N SONAL Vs. NAGAMANICKAM

JUDGEMENT

(1.) The revision petitioner/complainant has filed the revision petition aggrieved against the Judgment of acquittal passed by the learned Judicial Magistrate No. II, Erode, in C.C. No. 481/1993 dated 5-9-1995.

(2.) The case in brief is as follows. Between 15-5-1989 and 16-8-1991 the accused/first respondent was supplied yarn by Kerala Spinners Limited at Erode and the accused should supply finished products. The accused had not returned finished products to the value of Rs. 9,58,817/- and has committed criminal breach of trust and hence, the second respondent filed a charge sheet against the first respondent/accused. PWs 1 to 8 were examined on the side of the prosecution. PW 1 was then working as Senior Manager in the Kerala Spinners Company Ltd. The Head Office of the Company was in Alleppy and branch office was at Erode. They have entered into an agreement with the accused under Exs. A 1 and A2 and they have supplied yarn since 1989. Totally they have supplied about 8200 and odd kgs. of yarn and for which the accused has to supply the finished goods. There was balance of 15,218 Kgs. of yarn and after the demand and the complaint, 2015 kgs. of yarn was seized from the accused by the police on 18-4-1992. However, there was a balance of 13,202 kgs. of yarn and the value of the same is more than Rs. 9, lakhs.

(3.) PWs. 2 and 3 were working as Supervisor and Accounts Officer in the branch at Erode. They were also examined to speak about the entrustment of yarn with the accused and also the deficit caused by the accused. PW 4 Sainathan was an auditor by profession and he had audited the stock and other accounts in the company and submitted a report under Ex. P.10. The Subsequent reports are Exs. P. 11 and 12. P.W. 7 Inspectors of Police stated that thereafter receiving the complaint from PW 1 through Superintendent of Police, Erode, registered a case in Crime No. 552 of 1992 under Section 409, IPC. He also examined the witnesses and recorded their statements. After his transfer, PW 6 Rajadurai, Inspector of Police took up further investigation in the case and after completing the investigation, filed the charge sheet against the accused.