AMBADAS DAVRAO PAITHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application is directed against the order dated 25th August 1978 passed by the learned Sessions Judge, Beed, in Criminal Appeal No. 87 of 1977.

(2.) Prosecution against the accused was under section 409 of the Indian Penal Code. The learned trial Magistrate convicted the accused there under & sentenced him to rigorous imprisonment for one year and a fine of Rs.4,000/- in default, further rigorous imprisonment for six months. It was further ordered that if the amount of fine of Rs. 4,000 was recovered from the accused, Rs. 3,500/- there from should be paid to respondent No. 2 herein a Co-operative Society. This conviction and sentence was confirmed by the learned Sessions Judge.

(3.) In support of the present revision application therefrom, I have heard Mr. H. S. Deshpande. the learned Advocate for the accused petitioner. The State is represented by Mr. J. A. Barday, the learned Public Prosecutor. As I am not modifying the order of compensation passed in favour of respondent No. 2, it is not necessary to await service of notice of this application to respondent No. 2.