DISTT CO OPERATIVE CENTRAL BANK Vs. LEELADHAN

JUDGEMENT

(1.) THIS revision petition under Section 397/401 of the Code of Criminal Procedure, 1973, preferred by petitioner/complainant is directed against a judgment dated 22nd December, 2005, in Criminal Case No. 100/96 passed by the Judicial Magistrate First Class, Ashok Nagar (Guna), acquitting thereby the respondent No. 1/accused of the charge punishable under Sections 409 and 467 of IPC.

(2.) IN brief, the facts just for the decision of this revision petition are that the accused/respondent No. 1 was working as regular employee under District Co- operative Bank at Isagarh. At the relevant time, he was on deputation and was posted and working in the Primary Co-operative Society (Sewa Sahakari Samiti) at Village Dhakoni. It is alleged that being the IN-charge of the System, the articles up to the limit were delivered to the accused. After sale, the sale price was to be deposited in the Co-operative Bank by him, but after sale of the delivered articles, he did not deposit the sale assets for Rs. 76,970/- in the Bank and misappropriated the said amount for which he was duly bound to account for. He also caused forgery in valuable permits issued to him by the authorities. Despite notice to handover the said amount and record, he did not do so. A detailed inquiry was conducted by the INquiry Officer and Assistant Manager of the Society. After detailed inquiry under the direction of the Superiors, the FIR was lodged at Police Station, Isagarh. After investigation, the charge-sheet was filed. After trial, the Trial Magistrate acquitted him of the charges under Section 409 and Section 467 of IPC, hence this revision before this Court by the complainant.

(3.) THE learned Counsel for the respondent No. 1/accused on the other hand, supported the impugned judgment and prayed for dismissal of the revision.