VELU Vs. STATE

JUDGEMENT

(1.) THIS revision petitioner was the first accused in case pending trial before the Judicial Magistrate No.II, Vellore in C.C. No.65 of 2001, wherein this petitioner and one another stood charged of offences u/s.409 of IPC .

(2.) THE prosecution case was that the petitioner was the President of the Primary Agricultural Co-operative Bank, Vallipattu between 18.12.1996 and 24.11.1998. THE second accused was the Secretary thereof between 10.09.1997 and 01.08.1997. THE petitioner sold 757 empty gunny bags to PW-7 for a sum of Rs.8,274.50 and usurped the proceeds. THE second accused aided the petitioner in such wrong doing. Complaints dated 05.08.1998 and 17.08.1998 were preferred by PWs 3 and 4, pursuant whereto enquiry was initiated by PW-1 under section 81 of the Tamil Nadu Cooperative Societies Act. FIR was registered in Crime No.1 of 2001 by the CCIW, Vellore. On completion of investigation, the petitioner and another were charged as afore-informed. Before the trial court, the prosecution examined 9 witnesses and marked 16 exhibits. None were examined on behalf of the defendants nor any exhibits were marked.

(3.) HEARD learned Additional Public Prosecutor on the above submissions.