PRESIDENT Vs. N.KARTHIKEYAN

JUDGEMENT

(1.) This Criminal Revision case has been preferred challenging the judgment of the learned Judicial Magistrate-III (FAC), Salem dtd. 22/8/2013 made in C.C.No.230 of 2005.

(2.) The revision petitioner is said to be the President of S1337 Salem Industrial Employees Co-operative House Construction Society Limited. The Industrial Employees Co-operative House Construction Society Limited is formed by its members for constructing houses to its members. The accused (Karthikeyan), who was functioning as a Secretary, was alleged to have misappropriated the funds entrusted to him by forgery, falsification of accounts and failed to maintain proper accounts. On the basis of the inspection report prepared by the Deputy Registrar (Housing) (PW2), Salem Region, a case has been registered in Crime No.2 of 2002 under Ss. 408, 409, 467, 471 and 477(A) by PW5/Venugopal, Inspector of Police. After concluding the investigation, charge sheet has been filed against the accused for the offence under Ss. 120(B), 408, 467, 471 and 477(A) read with 109 IPC. After the case was taken on file and on being satisfied with the materials produced before the Court, the learned Trial Judge framed the charges against the accused under Ss. 408 and 477(A) IPC. When the accused was questioned, he pleaded innocence and he claimed to be tried.

(3.) During the course of the trial, on the side of the prosecution 5 witnesses have been examined as PW1 to PW5 and 6 documents were marked as Exs.P1 to P6. On the side of the defence, no witness was examined and no document was marked.