STATE OF MADHYA PRADESH Vs. UMRAO SINGH

JUDGEMENT

(1.) THE appellant/State has preferred this appeal against the judgment dated 29.10.1996 passed by learned CJM Raisen in Criminal Case No.865/1991 whereby the respondent was acquitted from the charges of offence punishable under Section 409 of I.P.C.

(2.) PROSECUTION's case in short is that the respondent was the President in Sewa Sahakari Samiti, Hakimkhedi whereas accused Moolchand was Samiti Sewak in that Society. On audit, it was found that in the year 1975 some amount was recovered from various members but, entire amount was not deposited in the cash book. A sum of Rs.803/- was recovered from Tularam whereas, only Rs.403/- were shown in the cash book. Similarly a sum of Rs.500/- was recovered from Baldev but, a sum of Rs.300/- was shown in the cash book. Similarly sums received from Gowardhan, Ramchandra, Gappu, Sitaram and Karim Khan were not shown exactly in the cash book and therefore, a criminal breach of trust was done of Rs.2,200/-. The Managing Director, Krishak Sewa Sahakari Committee had sent an FIR to the Police Station, Raisen on 31.8.1979 and thereafter, a case was registered against the respondent and investigation was initiated. Various documents having signatures of the respondent were sent to the expert for their examination and it was found that such receipts were issued by the signature of the respondent. After due investigation a charge sheet was filed before the Chief Judicial Magistrate, Raisen.

(3.) HEARD the learned counsel for the parties.