NANDA TUDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the appellant challenges the judgment and order dated 28th July, 1989 passed by the Ld. 1st Special Court, Suri, Birbhum convicting the appellant under Section 409 of the Indian Penal Code (for short IPC) and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 2000/- in default to suffer imprisonment for a further period of 6 months.

(2.) Ms. Meenal Sinha, Ld. Counsel appointed by this Court as Amicus Curiae commences her arguments by taking this Court to the complaint lodged before the Superintendent of Police, District Enforcement Branch (for short DEB), Birbhum dated 4th September, 1981 by the complainant being the District Panchayat Officer, Birbhum. Ms. Sinha points out from the complaint that it emerges that the appellant, who at the material point of time between 1977 and 1982 was the Pradhan of Albandhu Sarpalenhana Gram Panchayat did not maintain the cash book for a long time as a result of which the actual amount of cash lying in his hand could not be assessed. However, according to the complainant, from supporting papers it is found that a sum of Rs. 15,792.92 paisa and an unspent balance of Rs. 6000/- out of Rs. 43,200/- taken as advance for construction of a school, thereby being a total of Rs. 29000/- approximately were lying in hand of the appellant and unaccounted for.

(3.) Since the appellant could not show the said sum of money to the complainant at the time of inspection, the complainant reasonably believed that there was a temporary diversion of public money and criminal breach of trust.