PUBLIC PROSECUTOR Vs. T M NATARAJAN

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of the respondent ny the additional First Claas Magistrate, Trivellore, in C. C. No. 20 of 1958, on his file.

(2.) THE respondent was the President of the Panchayat Board of Tirumallaivayal. He auctioned the right to collect the fees from the stalls to be put in Avadi during congress Session in 1955, P. W. 1 took it for Rs. 4090. But the auction in favour of p. W. 1 was set aside and the accused was therefore under an obligation to return the amount. The collection of the amount is not disputed by the accused. He had deposited some amount in the Sub Treasury and some amount in the post office savings bank. The amount that he had deposited in the treasury was withdrawn on 29-12-1954 and that was about Rs. 2145 and Rs. 1000 was withdrawn from the post office savings batik on 28-12-1954. This fact is also not disputed. The balance of Rs. 945 was withdrawn later. The withdrawal of these sums, therefore from the sub Treasury and the post office savings bank is admitted by the accused.

(3.) THE case for the prosecution is that the accused did not pay a single pie to P. W. 1. The case of the accused is that on 28-12-1954 he paid Rs. 3145 to P. W. 1 and reserved Rs. 945 towards the loan which P. W. 1 is said to have promised to advance to the accused on a mortgage. The loan that was promised was to the tune of Rs. 3000; Towards this loan according to the accused he reserved Rs. 945. He therefore, pleads payment of Rs. 3145 and admits retention of Rs. 945 for the reasons mentioned by him.