SAKHARAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein is convicted by learned Chief Judicial Magistrate, Parbhani in R.C.C. No. 36 of 1993 for the offence punishable under section 409 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and fine of Rs. 1000/-, in default, further rigorous imprisonment for six months. The applicant herein being aggrieved by the said judgment and order filed Criminal Appeal No. 6 of 2002 before the Sessions Court at Parbhani. Learned Sessions Court vide judgment and order dated 02.01.2003 had maintained the order of conviction. However, had modified the sentence and directed the applicant to undergo substantive sentence for six months and fine of Rs. 1,000/-, in default, simple imprisonment for one month. Hence, this Revision Application.

(2.) Such of the facts necessary for the decision of this application are as follows :

(3.) The applicant herein was working as a Range Forest Officer at Basmat in the year 1991. The applicant was entrusted with the cheque worth of Rs. 35,000/- dated 05.08.1991, cheque worth of Rs. 53,646/- dated 09.08.1991 and cheque worth of Rs. 8,000/- dated 10.08.1991. The office had not received statement of account till 31st August, 1991 and therefore they had to depute an officer to Basmat. It was reported that the applicant was not present in the office. It had transpired in the course of enquiry that the applicant herein had encashed the cheques worth Rs. 35,000/- and Rs. 8,000/-. However, the bank had restrained the applicant from encashing the cheque of Rs. 53,646/-.