HILAL DHUDKU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.

(2.) By the present Criminal Revision Application, the petitioner has questioned and challenged the correctness and legality of the judgment and order dated 30.11.2009, rendered by the learned Additional Sessions Judge, Dhule in Criminal Appeal No.2 of 2005 and the judgment and order of conviction recorded by the learned Judicial Magistrate, First Class, Sindkheda in R.C.C. No.150 of 1998 on 10.1.2005, for the offence punishable under Section 408 of the Indian Penal Code.

(3.) It appears that the petitioner Hilal was in service as a Secretary of Vividh Karyakari Seva Sahakari Society Limited, Sawai Mukti (Society) and he was entrusted with the duty to maintain accounts and its related transactions. He also had domain over the property of the society. The first informant Pandharinath i.e. PW-1 was the second auditor, who carried out the audit of the said society for the period from 1.1.1982 upto 30.6.1983. However, during the said audit, the first informant Pandharinath noticed that on various dates, such as, on 2.1.1982 (Rs.316/-), on 11.1.1982 (Rs.200/-), on 31.5.1982 (Rs.25/-), on 10.7.1982 (Rs.1,000/-), on 22.5.1982 (Rs.255/-), on 15.6.1982 (Rs.218.19) and on 19.5.1982 (Rs.150/-) receipts were issued, but same were not shown in Kird book, and total receipts were shown less in the kird book, as also deposits were also not found to be shown in the bank. Accordingly, the first informant Pandharinath called upon Hilal to submit his explanation, but he failed to do so. Hence, on 14.12.1985, the first informant Pandharinath lodged a report (Exh.26) and thereupon offence came to be recorded under CR No.65 of 1985 against the applicant under Section 408 of the Indian Penal Code.