DOMNIC SAVIO NAZARETH Vs. STATE OF GOA

JUDGEMENT

(1.) THIS revision is directed against Judgment dated 25-9-2006 of the learned Adhoc Sessions Judge, Panaji, upholding the conviction of the accused under section 406 I. P. C. and reducing the sentence imposed by the learned J. M. F. C. , Panaji, to six months S. I. and a fine of Rs. 5000/- and in default of payment of fine to undergo S. I. for one month. The accused has been acquitted under section 420 I. P. C.

(2.) INTERNATIONAL Travel Bureau (I. T. B.) is a proprietorship concern of otto Oliveira Fernandes/pw6 and it had a Head Office at Luis de Menezes street at Panaji where Shephan Shaikh/pw3 was working from 1-6-1995 as office Executive. It had a counter or a Branch Office at Cidade de Goa beach Resort at Dona Paula. They were the travel agents and transporters of Cidade de Goa Beach Resort and had a full fledged office looking after the entire ticketing and taxi business of the said Resort. The accused was employed as a Manager trainee in mid October, 1998 at a salary of Rs. 2000/-to look after the Travel and Ticketing Office at Cidade de Goa during the tenure of Manager Shri Ivan Rodrigues and the accused took over as manager from 1-1-1999 at a salary of Rs. 2500/ -. Tanuja Khanolkar/pw5 joined under the accused as the Ticketing Assistant from 11-1-1999 and she was required to report to the accused directly as he was the Manager.

(3.) THE accused as a Manager was required to look after the accounts, cheque as well cash transactions and was required to report on fortnightly basis by sending a ticket summary. The transactions from 1st to 15th of the month were required to be reported between 18th to 25th of the month and of the second fortnight from 16th to 30th or 31st were required to be reported between 8th and 10th of the following month.