MADHUKAR DEUBA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal revision is directed against the concurrent findings of Judicial Magistrate, First Class, Malkapur, and Sessions Judge, Buldana whereby the applicant was convicted of the offence under section 408 Indian Penal Code and sentenced to suffer R.I. for 3 years and a fine of Rs. 5,000/- in defaulter further rigorous imprisonment for six months.

(2.) The prosecution case alleged that the applicant was working as Manager in a registered Co-operative Society run under the name and style Dharangaon Multipurpose Co-operative Society at village Dharangaon, taluka Malkapur district, Buldana. The applicant was working as its Manager in the year 1969. One Bhagwan Nemade (P.W. 1) was the Special Auditor of Co-operative Societies and he had conducted the audit of the same Society for the period 1-1-1969 to 31-12-1969. In the said audit he found that on 14-1-1969 a sum of Rs. 350/- was paid as temporary advance to one Waman Hari as per the account books and a sum of Rs. 1056/- was paid on 22-1-1969 to Waman Tukaram as temporary advance. He, however, did not find corresponding receipts from these two persons on record. He also did not find the detailed addresses of these two persons. The Special Auditor also noticed that on 23-7-1969 a sum of Rs. 882.14 was recovered from one Ninoo Pachpande and on 17-8-1969 a sum of Rs. 110.83 was recovered from one Vishnu, but the said account books of the Society did not show these entries. Lastly, the said Auditor also found that on 30-6-1969 a sum of Rs. 20/- was paid in excess of the amount due to the party while on 29-4-1969 a sum of Rs. 25,000/- has been shown as paid to one Chandak (P.W. 4). On enquiry from the office of the Society, he learnt that no receipt has been obtained from the said Chandak for the payment of Rs. 25,000/-. He also found that there was no corresponding credit entry in the account book of the said Chandak for 29-4-1969. From the above discrepancies in his audit, he came to the conclusion that there has been misappropriation of the amounts belonging to the Society by the application Madhukar. He, therefore, called for his explanation and submitted a report to his superiors. After necessary sanction a report was made to the Police Station who conducted the investigation and put up a charge-sheet against the applicant for offences punishable under section 408 Indian Penal Code.

(3.) An over all charge for the total amount of Rs. 27,418.60 was framed against he applicant alleging that he had committed criminal breach of trust in the receipt of the said amount in his capacity as a servant of the Dharangaon Multipurpose Co-operative Society. The appellant denied the charge and claimed to be tried.