A SUGREEVA Vs. STATE OF A P

JUDGEMENT

(1.) As both the Criminal Revision Cases are connected with each other, they are being disposed of together.

(2.) Both the petitioners were accused in C.C.No.125/84 on the file of the Judicial Magistrate of 1st Class, Puttur They were charged for an offence under Section 408 of the Indian Penal Code. The trial Magistrate convicted both of them for the offence under Section 408 I.P.C. and sentenced each of them to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/- in default to suffer simple imprisonment for a further term of six months each. Aggrieved by the same, they preferred Criminal Appeal Nos.61 / 90 and 62/90 on the file of the Sessions Judge, Chittoor. The learned Sessions Judge dismissed the appeals. Hence they filed the revisions.

(3.) Brief facts of the prosecution case are as follows: The petitioners - A-1 and A-2 were working as Assistant Salesman and Assistant respectively in the Tamil Nadu Co-Optex Emporium at Puttur during the period from 1-7-1982 to 28-2-1983. During the said period, they were entrusted with huge stocks of cloth for sale and to maintain day-to-day accounts therefor. Accordingly they have to sell the cloth and remit the proceeds into the State Bank of India to the credit of the Emporium besides maintaining accounts. During the said period, stocks worth Rs.4,22,906-94 were in their custody. But when audit was conducted, as on 28-2-1983, there was stock only worth Rs.2,72,135-80. Thus there was a deficit of stock worth Rs.1,50,771-35. Then Ex.P-5 stock list was prepared and a complaint was lodged with the police by the Regional Manager, Co-Optex, Tirupati.