SADASIVAM Vs. STATE

JUDGEMENT

(1.) The petitioner in Crl.R.C.No.1204 of 2008 is the accused in C.C.No.70 of 2001. The case of the prosecution is that the petitioner was working as Secretary Incharge of the Mallavadi Primary Agricultural Cooperative Society, during the period between 13.10.1990 and 15.12.1992. Whileso, on 20.10.1992, he did not disburse the loan amount of Rs.2,284/- to one Mannu Naidu, however, recorded in the relevant documents as though the amount has been disbursed. As such, the petitioner has misappropriated a sum of Rs.2,284/-. Hence, the petitioner was charged for the offence under Sections 409, 477(A) of IPC by the Trial Court/ Judicial Magistrate Court No.2, Vellore.

(2.) The charges framed against the petitioner were explained and read over to him and when questioned about the same, he denied the charges. Hence, trial was proceeded against him. On the side of the prosecution 7 witnesses were examined as P.W.1 to P.W.7 and 14 documents were marked as exhibits Ex.P1 to Ex.P14. No material object was marked. On the side of the accused no witness was examined and no document was marked.

(3.) After trial, the Trial Court convicted the petitioner for the offence under Sections 406, 477(A) of IPC and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- in default to undergo one month simple imprisonment for the offence under Section 406 of IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- in default to undergo one month simple imprisonment for the offence under Section 477(A) of IPC. The sentences were ordered to run concurrently. The Trial Court further ordered that the sentence imposed on the petitioner in the present case and the sentences imposed on the petitioner in C.C.Nos.67 to 69 of 2001 to run concurrently.