STATE OF MAHARASHTRA Vs. SOMESHWAR NARAYAN KARULE

JUDGEMENT

(1.) THIS is an appeal by the State against acquittal of the accused from offences under Sections 409, 406, 471 (A), 420 of Indian Penal Code. Accused were prosecuted before the J. M. F. C. Ulhasnagar in Criminal Case No. 196 of 1984 and the said Court acquitted them by its Judgment dated-7-1-1987.

(2.) AT the relevant time accused No. 1 was the Chairman and accused No. 2 was the Secretary of Tantra Nirdeshak Co-operative Housing Society. The allegations against them were that they had encashed cheque of Rs. 8,000/- from the account of the society and retained the amount with them, and secondly and alternatively that they were entrusted with the aforesaid amount of Rs. 8,000/- in their capacity as agent of the said society but they committed criminal breach of trust and also fabricated the document with an intention to defraud the society while making purchases of fencing wire by altering an amount of Rs. 494/- to Rs. 1,494/-, and therefore they were alleged to have misappropriated the amount of Rs. 1,000/ -.