A KANNAN Vs. STATE

JUDGEMENT

(1.) THESE revision petitions have been preferred against the judgment in C. A. Nos. 30 and 31 of 2004 respectively passed by the learned additional Sessions Judge, (FTC-1) Coimbatore, which had arisen out of the judgment in C. C. Nos. 66 and 67 of 2002 respectively on the file of the Judicial magistrate NO. IV, Coimbatore. Both the cases have been filed against the same accused Kannan/the revision petitioner in both the revisions.

(2.) IN C. C. NO. 66 of 2002, the charge against the accused is under Section 408 of IPC. The short facts in the case is that between the period 27. 12. 1993 and 31. 5. 1998, when the accused was working as a Salesman in the Cooperative Society, Kothagiri (Liquor Unit), he had received an advance of rs. 1,35,136/65ps for the purpose of purchasing liquor bottles from TASMAC. But without purchasing the said liquor bottles from the TASMAC, he had misappropriated a sum of Rs. 1,35,136/65ps. 2a. IN C. C. No. 67 of 2002 the accused has been charged under Section 408 of IPC for having failed to account for a sum of Rs. 2,86,838 being the sale proceeds in the above said cooperative society, Kothagiri. According to the prosecution, the said amount of Rs. 2,86,838 was the amount collected in the said Cooperative society on 31. 5. 1998 by way of selling the liquor bottles. The accused has not brought the said sale amount of rs. 2,86,838/- to the accounts of the said Cooperative society, Kothagiri but had misappropriated the same.

(3.) ON the basis of the above said evidence, when incriminating circumstances were put to the accused, the accused would deny his complicity with the crime.