SRIDHARAN Vs. STATE

JUDGEMENT

(1.) The criminal revision has been filed by the petitioner/A3 against the judgment of conviction passed by the learned II Additional Sessions Judge, Pudhucherry in C.A.No. 20 of 2014 dated 15.12.2015, in which, the appellate Court, while dismissing the appeal so filed by the present petitioner has upheld the judgment of conviction passed by the learned Chief Judicial Magistrate, Pudhucherry in C.C.No. 228 of 2003 dated 30.06.2014, in which, the trial Court had convicted the present petitioner for the commission of offences under Sections 408 read with 134 of I.P.C. and 477 read with 34 of I.P.C. and sentenced them to undergo three months R.I. each and to pay a fine of Rs. 2,000.00 each in default to undergo one month S.I. each.

(2.) The case of the prosecution is that from 01.04.1996 to 31.05.1996 and 03.06.1996 to 20.06.1996 at Mudaliarpet Students Co-operative Society, Mudaliarpet, in furtherance of common intention, A1, the Secretary of the said Society, who was entrusted with stocks and maintenance of accounts and book-keeping, dishonestly misappropriated a sum of Rs. 5,756.40, the sale proceeds of the stock and stock deficit worth Rs. 23,161.65 by committing forgery and that during the period from 21.06.1996 to 31.03.1997 at the same place in the course of the same transaction, in furtherance of common intention, A2, the Salesman, in whose entrustment, the society stock was dishonestly misappropriated a sum of Rs. 51,525.60, the sale proceeds of the stock and a stock deficit worth Rs. 98,110.18 and that A3, the Salesman was found in deficit of stock worth Rs. 12,646.95, which were entrusted to him and thereby dishonestly misappropriated the said stock; by committing forgery and in order to facilitate, the embezzlement stated above with intention to commit fraud and with an intention to cause damage to the Co-operative society, committed forgery in the accounts, records, registers, books, receipts of the society for suppressing sales and the forged documents were used for the purpose of cheating and that fraudulently and dishonestly used as genuine the documents forged, with the knowledge that those documents were forged and thereby falsified the accounts by suppressing sales, by embezzling the sale proceedings, by misappropriating the stocks in deficit and therefore, the accused have committed offences punishable under Sections 408, 409, 468, 471 and 477-A of I.P.C. read with 34 of I.P.C.

(3.) After completion of investigation, the Inspector of Police, Vigilance and Anti corruption, Pudhucherry filed a charge sheet against the petitioner and other accused before the learned Chief Judicial Magistrate, where the case was taken on file in C.C.No. 228 of 2003 and as prima facie was found against the accused persons, they were charge sheeted for the commission of offence under Sections as stated above.