LAWS(ALL)-1983-11-41

BABU RAM VARMA Vs. STATE

Decided On November 28, 1983
BABU RAM VARMA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE applicant has been summoned under Section 409, IPC on a charge-sheet submitted by the police. It is urged that such prosecution is barred by Section 1(05 (2) of the Cooperative Secieties Act. What has been laid down in that section, is that under the U. P. Cooperative Societies Act, 1965, any prosecution without the previous sanction of the Registrar shall not be launched. THE offences and penalties are enumerated and contained in Sections 103 and 104 of that Act. THE offence under Section 409, IPC is not mentioned in any of those two sections. It is urged that section 103 (ii) mentions that if an officer, employee etc. of a Cooperative Society fraudulently destroys, mutilates, alters, falsifies any book or abets the same or makes false entry etc., shall as per clause (2) (b) of that section, be liable to imprisonment for two years. It is urged that falsification of accounts may imply the embezzlement itself. Relying upon the case of State v. Shaik Dadan, AIR 1958 A. P. page 29 it is urged that falsification of accounts etc. leads to an inference of criminal breach of trust or misappropriation ; hence if trial for falsification of accounts etc. requires a sanction, then the trial for offence under Section 409 IPC would also require a sanction. I have considered that argument and I do not find any force in it. Section 409, IPC is a more serious and independent offence. THE legislature in its wisdom has not barred the trial of that offence providing for sanction, nor it has mentioned it as one of the offences under Section 103 of the U. P. Cooperative Societies Act, 1965. In fact, neither any person can be tried under that Act for the offence under Section 409, IPC nor can be convicted or sentenced under that Act, because under Section 103 of the Act it has not been made an offence as such. THE general rule; of cognizance will prevail and the trial under Section 409, IPC is not barred and no sanction is required for the same.

(2.) THE application is summarily rejected.