TEJMAL Vs. SARJUDEVI

JUDGEMENT

(1.) THIS revision has been filed by one Tejmal who is claiming himself to be the Managing Director of Krishko Ki Seva Sahakari Sansthan Maryadit, Piploda, District Ratlam, against the impugned judgment of acquittal dated 7th August, 2002, passed in Cr.A. No. 90/2001 arising out of the judgment and order of conviction dated 12.2.2001 passed in Criminal Case No. 540/1985 by Judicial Magistrate First Class, Jaora, whereby the respondent No. 1 has been convicted for an offence punishable under section 409 of the Penal Code and sentenced to undergo RI for 3 years and to pay a fine of Rs. 500/-.

(2.) FACTS of the case before the trial Court were that respondent No. 1 was working in the capacity cashier-cum-clerk in the said Sahkari Sansthan and in that capacity she was receiving the amounts from the field supervisors and the members of the society and used to deposit the same in the Sanstha after making the entries in the cash book. It was also alleged that she had collected the amount on various dates from the supervisors and members of the society of Rs. 35,582.21 paise but she did not make any entry in the cash book regarding the said amount and thereby misappropriated of the said amount. It was also alleged that respondent No. 1 was working as a public servant at the relevant point of time. After inquiry the applicant has lodged a written report in the police station with regard to the misappropriation of the said amount by respondent No. 1 on the basis of which an offence was registered at Police Station, Piploda. After completion of the investigation a charge-sheet was submitted before the JMFC, Jaora.

(3.) BEING aggrieved by the conviction and sentence passed against her she preferred an appeal before the learned Additional Sessions Judge, Jaora, who in appeal by the impugned judgment dated 7.8.2002 acquitted the respondent No. 1 of the offence. It is this judgment of acquittal which is subject-matter of challenge in this revision by the Managing Director of the alleged Sahkari Sansthan.