P JEBAC ANGEL MARTIN Vs. STATE

JUDGEMENT

(1.) THESE criminal revision cases have been filed against the judgments passed in Calendar Case Nos. 57, 58, 59,60, 61 and 62 by the Judicial Magistrate No. II, tirunelveli and in Criminal Appeal Nos. 78, 79, 80, 81, 82, 83, 84 and 85 of 2001 by the additional Sessions-cum-Chief Judicial magistrate Court, Tuticorin.

(2.) THE case of the prosecution in Calendar case No. 57 of 1999 can be stated like thus; the first accused was served as Special officer in E. E. Thiruchendur Co-operative weaving Mills Employees' Co-operative store, Nazreth. The second accused has served as writer. From 20-12-1993 to 1-11-1994 both the accused have colluded together and taken amount for purchasing groceries and cosmetics, and after purchasing groceries and cosmetics, they failed to remit balance amount of Rs. 49,550/- and both of them have defalcated the balance amount. Under the said circumstances, both the accused are said to have committed offences under Ss. 409, 408, 477 (a) read with s. 34 of the Indian Penal Code.

(3.) THE trial Court, on the basis of accusation made against the accused, has framed necessary charges and the same have been read over and explained to the accused and the accused have denied the charges and claimed to be tried.