G RAMA RAJA Vs. STATE

JUDGEMENT

(1.) The accused in C.C. No. 264 of 1987 to C.C. No. 268 of 1987 on the file of Special Judicial First Class Magistrate (C.C.I.W.) Madurai, has filed these petitions under Section 482, Crl. P.C., praying to call for the records in the aforesaid cases and quash the same.

(2.) In C.C. No. 264 of 1987, the respondent has filed the charge-sheet against the petitioner. The allegations in it are briefly as follows : The, accused was the President of Palani Municipality and Private Teachers and Employees Thrift and Credit Society. He was the custpdian of the cash and properties of the society: O n 27-8-1983 he did not produce the cash balance of Rs. 16,768.14 found in the account to. the enquiry officer. He had misappropriated the said amount. Hence he is liable to be punished for offence, under Section 309, I. P. C. In C. C. No. 265 of 1987, the. respondent has filed the charge-sheet against the petitioner for offence under' Section 409, I, P, C., on the allegations that he was, the President of the, aforesaid Society and was custodian of the cash and property of the society and between 14-10-1982 and 12-12-1982 had committed misappropriation to the tune of Rs. 29,012.34. In C. C. No. 266 of 1987, the respondent has filed charger-sheet against the petitioner for offence under, Section 409, I. P, C. on the allegations that he was the President of the said Society and custodian of the cash and properties of the society and that on 14-11-1982, he drew a cheque for Rs.15,000 to himself and with darw the money and misrppropriated the said amount and hence he is liable to be punished for offence under Section 409, I. P. C. In C. C. No. 267 of 1987, the respondent has filed the charge-sheet against the petitioner on the allegation that he is the President of the Society and custodian as stated above. In between 28-7.1882 and 8-11-1982, the accused committed misappropriation of Rs. 1,756.15 and hence is liable to be punished under Section 409, I. P. C. In C. G. No. 268 of 1987, the resppndent has filed the charge-sheet against the petitioner allegiag that he is the President of the said society and custodian as: stated above, that on 29-10-1982, he had collected Rs.10,093.07 from members of the Society and without bringing it to the account of the Society, had committed misappropriation of the, said amount and hence is liable to be punished under Section 409, I.P.C.

(3.) Mr. Hajee P.K. Jamal Mohammed, the learned counsel appearing fo'r the' petitioner raised some points in his arguments and I shall deal with tbem one by one. Firstly it was argued that the petitioner is not a 'public servant" within the meaning of Section 21 of I. P. C. and hence on the allegations made in the charge-sheet, he cannot be made liable for offence under Section 409, I. P. C. but only under Section 406, I. P. C. for which the period of limitation is three years from the date of offence and three, years have passed in all the cases and so the proceedings in all the cases are barred by time and are liable to be quashed. The learned Government Advocate would counter this argument by stating that petitioner is a "public servant" or alternatively he is an "agent" in as much as the petitioner happened to be the President who is the custodian of the cash and property of the society and he is as well the Treasurer of the Society, as per the by-laws,