BHIMRAO SHAMRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, petitioner challenges concurrent judgements of two (2) Courts below rendered in Criminal Case (R.C.C. No. 73/1981) whereby and whereunder he was convicted for the offence punishable under section 408 of the I.P. Code and sentenced to suffer rigorous imprisonment for two (2) years and six (6) months and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six (6) months which is confirmed by the Appellate Court, in Criminal Appeal No. 5/1993.

(2.) Indisputably, the petitioner was employed as Secretary of Nimbhora Multipurpose Cooperative Society, for period between 16th June, 1972 upto 23rd February, 1979. The Cooperative Society used to advance loans to its members. The petitioner was required to recover loans outstanding against such members. He used to issue receipts of the amounts recovered. It was his duty to credit the amounts in the relevant account ledger book with promptitude.

(3.) According to the prosecution, the audit inspection revealed that the petitioner committed criminal breach of trust in respect of Rs. 15,351/- regarding amounts collected by him from members of the Cooperative Society since 1975 to 1979. He collected various amounts from borrowers on different occasions, yet, did not credit the same in the ledger account of the Society as required under the Rules. He retained the amounts with him, to the extent of Rs. 7239/- upto 01-01-1979 though such recoveries were made in 1977. He fabricated false date i.e. 01-01-1979 in the office copies of the receipts though original receipts were issued at different dates. Thus, he used forged documents for his financial gains.