BADRILAL HIRALAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition under Section 397/401 of the Criminal procedure-Code, 1973 (for short 'the Code') is directed against the appellate judgment dated 4-3-1983 passed by the Ilnd Additional Sessions Judge, Shajapur in Cri. Appeal no. 5/83 allowing it only partly and maintaining the petitioner's conviction under section 409 of the Indian Penal Code and the sentence of rigorous imprisonment tor two years and a fine of Rs. 5000/- entered by the Judicial Magistrate First Class, Susner in Criminal Case No. 10 of 1978.

(2.) CIRCUMSTANCS giving rise to the revision petition are these. It is not in dispute that during parts of the years 1975-76, the petitioner was working as the Secretary of the sahakari Samiti village Mulyakhedi in Nalkheda Branch of the Central Co-operative bank, Shajapur. As Secretary it was his duty to disburse loans and to effect recoveries.

(3.) ACCORDING to the prosecution, between the period 28-7-1975 to 21-7-1976 the petitioner made recoveries from numerous persons under receipts duly executed by him. He also effected recoveries from several other persons without passing receipts. He committed criminal breach of trust in respect of the sums so recovered and also in respect of various items of the property belonging to the Samiti, and also either of the amount or the fertilizer for the purchase of which he had withdrawn the sum of Rs. 3123. 90.