P M CHANDRA Vs. STATE

JUDGEMENT

(1.) THE revision petitioner has been convicted of an offence punishable under section 409, Indian Penal Code, and was sentenced to rigorous imprisonment for one year by the learned Chief Judicial Magistrate, Nagercoil. In appeal, the Sessions Judge confirmed the conviction but reduced the sentence of imprisonment to four months" rigorous imprisonment .

(2.) THE facts leading to the conviction of the revision petitioner are: THE revision petitioner was the President of the Kanyakumari Co-operative Fish Marketing Union Limited which purchases dry fish from its members and sells the same to dealers and commission agents. THE second accused was the Secretary, the third accused was the clerk and the fourth accused was the godown keeper of the Union. (Accused 2 to 4 were acquitted). THE revision petitioner sent a letter, Exhibit P-1 to the Secretary who was the second accused stating that the Day Book is incomplete and entries have not been made up to 30th November, 1975. He marked a copy of it to P.W. 1, Assistant Director of Fisheries., P.W. 1 ordered an enquiry under section 65 of the Tamil Nadu Cooperative Societies Act and deputed P.W. 3, Co-operative Sub-Registar (Fisheries), Nagercoil, to conduct an enquiry and submit a report. THE revision petitioner did not appear for the enquiry as also the third accused, the clerk attached to the Union. P.W. 3 on verification of the stock register found that stock was shown as "Nil" whereas there should have been a stock of 5,305 kilograms of dry fish worth about Rs. 11,000. He sent a report under Exhibits P-4 and P.W. 1 then wrote to the Director of Fisheries who laid a complaint under Exhibit P-5 to the Superintendent of Police, Commercial Crime Investigation Wing, Madras 4. P.W. 5, Sub-Inspector of Police, Commercial Crime Investigation Wing, Nagercoil, registered a case in Crime No. 2533 of 1976 of Kottar Police Station under sections 408, 409, 467, 471 and 477-A, Indian Penal Code. P.W. 4 took up investigation and as he was transferred P.W. 5 took up further investigation, and laid the charge-sheet after completing the investigation.