STATE OF MADHYA PRADESH Vs. PRAMODE MATEGAONKAR

JUDGEMENT

(1.) THIS is an appeal against the respondent's acquittal of the offence under Section 409, Penal Code.

(2.) THE Magistrate 1st Class, Jabalpur, had found that the respondent, Promod Mategaonkar, an Upper Division Clerk in the office of the M. P. Electricity Board, Jabalpur, embezzled a cheque for Rs. 3423. 50 np. of the Electricity Board in purchasing for himself an auto-cycle and thereafter a motor cycle from Messrs. Janta Motor Cycle Co. , Jabalpur. He was held guilty of the offence punishable under Section 409 of the Penal Code and sentenced to one year rigorous imprisonment and a fine of Rs. 1,000/-, or, in default of payment of fine, to a further term of rigorous imprisonment for four months. As regards the disposal of the motor cycle seized from the respondent, he directed that as it was purchased with the money belonging to the M. P. Electricity Board, it shall be delivered to the Board. The Third Additional Sessions Judge, Jabalpur, acquitted him holding, in main, that entrustment was not proved. Aggrieved by the appellate judgment and order of acquittal the State has filed this appeal,

(3.) CASE for the prosecution was that in pursuance of a conspiracy between Mategaonkar and Ghosh, who were employed as clerks in audit and account section of the Electricity Board, they tamper-ed with the duplicate copy of an order placed by the Electricity Board with Vijay Trading Corporation, Jabalpur. The name "vijay Trading Corporation" was scored oat and in its place the name 'janta Motor Cycle Co. , Jabalpur" was overtyped. On the basis of a forged bill dated 19th October 1958, purporting to have been received from the Janta Motor Cycle Co. , a cheque No. 199832 dated 2nd December 1958 was drawn for Rs. 3423. 50 np. in favour of the Janta Motor Cycle Co. This cheque was handed over by Mategaonkar to the Janta Motor Cycle Co. against the purchase of a Motor Cycle for himself, representing that a loan had been advanced to him by the Electricity Board. The cheque was encashed by the Janta Motor Cycle Co. through the Central Bank of India Ltd , on 4th December 1958. In fact, the M. P. Electricity Board had not placed any order with the Janta Motor Cycle Co. Mategaonkar manoeuvred all this to obtain the cheque and with this money he purchased a motor cycle for himself. The above mentioned clerks thereafter removed the bill, debit slip and the order on which payment was made.