PRATIVA SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Allegations against the respondent no. 2/accused person, for defalcation of money of the Co-operative Credit Society, entrusted with him, as an office bearer of the said Society, are at the core of the issues, for which the respondent no.2 has faced trial.

(2.) The judgment and order of acquittal of the trial Court dated May 31, 2011, in Special Court Case No. 15/2001 is under challenge in this appeal. On the basis of the FIR lodged by one Ajit Chowdhuri, Chairman, Employees' Co-operative Credit Society of R.T. Girls' School at Suri, the Suri Police Station Case No. 14/99 dtd. 20/1/1999 was started. The FIR was lodged on 20/1/1999, under Ss. 406/409/403/467/468/471 of the IPC.

(3.) The allegation against the respondent no.2/accused person in a nut-shell was that while holding office as the Secretary of the said Co-operative Credit Society, and while being assigned with the duty to manage the loan accounts of the members thereof, the said person has defalcated and used for his own wrongful gain a sum of money amounting to Rs.2,82,024.00. Allegedly, he defalcated the money by not repaying the instalments of loan taken by the members of the Society to the Bank, which the members deposited with him as the office bearer of the said Society, for the purpose of repaying the same in bank against respective individual loanee.