PUBLIC PROSECUTOR HIGH OF COURT Vs. YELAMANCHILI VENKATESWARARAO

JUDGEMENT

(1.) Heard the learned Additional Public Prosecutor.

(2.) The Sub-Inspector of Police, Gudivada Rural police Station filed charge-sheet against the accused for the offences punishable under Section 409 and 477-A IPC.

(3.) The episode of the prosecution is as hereunder: The accused worked as paid secretary of Yalamarru Primary Agricultural Co-operative Society during the period from 23-11 -1974 to 22-11-1981. The accused was expected to disburse loans to the members, collect the same and remit the amounts into the financing bank. He was also expected to maintain the records being the Chief Executive of the society. During the year 1977-78, the accused collected the amounts from the members viz., L.Ws. 1 to 3 i.e., N. Suryakanthamma, Atluri Rangarao and Nagulla Kutumbarao and issued receipts to them. He did not bring the said amounts into the cash book and he did not post the same into the loan ledgers. He did not credit the said amount in the financing bank. The accused maintained a separate receipt book for the said purpose. The counter foils were kept with him and thereby misappropriated an amount of Rs. 3535-80 ps. On 30-3-1978, the accused collected an amount of Rs. 576/- from P.W. 2 and issued receipts to him, but he altered the figures in the counter foil and credited Rs.276/- in the cash book and thereby misappropriated the balance amount of Rs. 300/- and falsified the accounts by tampering the counter foil. Basing on the above said irregularities, an audit was conducted and a report was sent to the Divisional Co-operative Officer, Gudivada, who in turn ordered another enquiry after getting enquiry report. He obtained the sanction of prosecution orders and got the said sanction orders from the Collector. Basing on the same, a complaint was lodged before the police and the same was registered as FIR in Crime No. 102 of 1992.