JAIPAL SINGH CHANDEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against judgment dated 18-1-2000 passed by additional Sessions Judge, Kannaud in Cr. A No. 38/1999, whereby conviction of applicant for the offence punishable under Section 409 and sentence of 3 years R. I. and fine of Rs. 3,000/- was affirmed and appeal preferred against the judgment of JMFC Khategaon dated 24-3-1999 in Cr. Case No. 100/98 by the applicant was dismissed.

(2.) SHORT facts of the case are that applicant was working as Secretary of Sewa Sehkari Sanstha Maryadit, Loharda (herein after for short called as the society) from 27-9-1985 till 1988. When the cash book of the Society was examined by Ramchandra PW-7, Supervisor then it revealed that there was shortage of cash in the account of the Society to the tune of Rs. 19,608. 50 paisa. It was also found that there was shortage of 9 kg of cotton seeds in the stock of the Society. The matter was reported to the police on the basis of which offence was registered as per FIR Ex. P-4 and matter was investigated, after completing the investigation charge sheet was filed against the present applicant before learned Magistrate who after trial found him guilty and convicted and sentenced him as stated hereinabove. Appeal preferred by applicant also failed, so he has come before this Court by way of this revision.

(3.) LEARNED Counsel for the applicant Shri R. N. Gupta submitted that no sanetion for prosecution as envisaged under Section 197 of the Cr. P. C. was obtained from the competent authority and so the prosecution of the applicant was bad in law for want of such sanction. It is also contended by him that as per the provisions of Section 76 (2) of the M. P. Co-operative Societies Act sanction for prosecution from Registrar Co-operative Society was also required, such sanction was also not obtained before prosecution of the applicant and on this count alone applicant deserves acquittal in the present case.