KACHABESWARAN Vs. STATE

JUDGEMENT

(1.) THE accused in C. C. Nos. 539 and 540 of 1989 on the file of judicial Magistrate No. 1, Ponneri, has filed this petition under Sec. 482, criminal Procedure Code, for quashing all further proceedings in the aforesaid two cases.

(2.) SHORT facts are: The respondent has filed the charge sheet against the petitioner in CC. No. 539 of 1989 on the allegations that the petitioner/accused was Treasurer of the Gummidipoondi Panchayat Union Public servants Co-operative Society that in his capacity as Treasurer of the said society he was authorised by resolution No. 127, dated 9. 11. 1978 and resolution no. 142, dated 2. 11. 1978 to appoint sales helpers to the society and pay the remuneration as prescribed in the said resolutions that in the year 1978 in violation of the said directions, by not appointing any sales helpers, prepared vouchers dated 9. 2. 1978, 5. 4. 1978, 29. 4. 1978 and 24. 12. 1978 as if salaries have been paid from the said society to one Rajamani for his services in the said society and thereby dishonestly misappropriated a total sum of Rs. 322 and converted the same for his own use and thereby committed offence under Sec. 409, I. P. C. and in committing the offence of criminal breach of trust of Rs. 322 the accused falsified the records in such a way making false entries in the cash book and preparing false vouchers, as if the said amounts have been paid from the said society to one Rajamani and thereby he had committed an offence punishable under Sec. 477-A, I. P. C