PHIDA HUSSAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant stands convicted under Section 409 of the IPC and sentenced to undergo R. 1. for 2 years and to pay a fine of Rs. 1000/- and in default, to suffer R. I. for 3 months. The corresponding judgment passed on 4-4-1994 by Second Additional sessions Judge, Shahdol in S. T. No. 171/90 is the subject-matter of challenge in this appeal.

(2.) AT the relevant point of time, the appellant was posted as Assistant Cashier-cum-Clerk in the Phunga Branch of kshetriya Grameen Bank, Shahdol. He was tried upon charges of the offences punishable under Sections 450 and 409 of the IPC. Admittedly, the State has not preferred any appeal against acquittal of the appellant in respect of the offence under Section 450 of the IPC. On the contrary, an application for leave to compound the offence under Section 409, IPC has been moved on behalf of the Manager of the Bank (now known as satpura Narmada Kshetriya Grameen Bank)on the ground that in the departmental enquiry, the appellant was not found guilty of misappropriation of the amount in question.

(3.) PROSECUTION story, in short, may be narrated as under :-