ETHIRAJAN Vs. STATE

JUDGEMENT

(1.) The petitioner in this case has been convicted of theft and sentenced to rigorous imprisonment for two months.

(2.) The facts that led to his conviction are these The accused was a filing clerk in the record room of the office of the Imperial Chemical Industries. (India) Ltd., Madras, He had put in a service of 25 years. He owed a sum of Rupees 3000 to one Durairajan who was examined as P. W. 4 and as the said Durairajan pressed the accused to clear the loan, the accused on 25-4-1953 gave a cheque dated 224- 1953 drawn by him on the Ootacamund Chemical Disbursement Account of the Imperial Chemical Industries with the Ootacamund branch. This cheque was found to be not a genuine cheaue and P. W. 4 addressed a letter to the Imperial Chemical Industries bringing to their notice the conduct of the accused. A search was made of the cheque book in the records of the office and the: cheque book could not be found. A complaint was thereupon made and it was found that this accused had extracted the cheque book from the record.room where the book was kept.

(3.) P. W. 2 the Chief Cashier of the Imperial Chemical Industries says in his evidence that the. Ootacamund Chemical Disbursement account was closed in 1944, that he was not asked to return the unused leaves to the bank, but that the cheque book was kept in the record room. He admits that the cheque book is of no value after 1944 and that the Only thing that the company is likely to suffer by the loss of the cheque book which may-likely to be used appears to be the loss of reputation. He admits that the cheque book cannot be signed except by "per bro" and the accused has nothing" to do with drawing of cheques.