A RAMADASAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Revision Petitioner herein is the accused in Cr.No.2 of 1992 on the file of the Inspector of Police, CCIW CID (Urban), Coimbatore and he was tried in C.C.No.2 of 1994 on the file of Judicial Magistrate No.IV, Coimbatore for the offence under Section 409 IPC, and convicted and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default to undergo nine months rigorous imprisonment. On appeal, the appellate Court confirmed the conviction and modified the sentence of imprisonment.

(2.) The case of the Prosecution is that when A.Ramadasan (accused) was the President of the Ramakrishna Co-Operative Housing Society between 7.10.1985 and 6.10.1986, he had misappropriated a sum of Rs.1,38,100/-, which was paid by the members of the Society for the purchase of house sites, without bringing into the account of the Society, and thus the accused had committed criminal breach of trust.

(3.) Initially an enquiry was ordered by Duraiswamy, Deputy Registrar (Housing), Coimbatore Circle (PW-1), into the affairs of Ramakrishna Co-operative Housing Society, pursuant to which Syed Ahamadullah (PW-2), Sub-Registrar of Co-Operative Societies conducted an inspection and submitted his report (Ex.P-3 & P-7). Further enquiry under Section 81 of the Tamil Nadu Co-Operative Societies Act, 1983 was ordered and Munusamy (PW-21) conducted a detailed enquiry into the affairs of the Society and submitted a detailed report (Ex.P-60).