BAIKUNTHA ALIAS BAIKUNTHA NATH NAIK Vs. NILAMANI BANTHA

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order passed by the learned Additional Sessions Judge, Puri, confirming the order passed by the learned Subordinate Judge-cum-Judicial Magistrate, First Class, Nayagarh, convicting the petitioner for an offence under S. 408, I.P.C. and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ - in default, to undergo rigorous imprisonment for six months more.

(2.) The prosecution case in short is that the petitioner was serving as the Secretary of the Gaudaput Service Co-operative Society (hereinafter referred to as the 'Society') between 22-2-1976 to 28-6-1976. P.Ws.2,3, 4, 6 and 7 had taken loans from the Society. In between 22-2-1976 and 28-6-1976, they repaid the loans, which the petitioner accepted. He did not, however, readily give them receipts. He did not also make entries of such repayments in the General Cash Book and did not deposit the same in the society's cash. In all he misappropriated a sum of Rs. 1,912/-. He fabricated the collections in the loan ledger by showing different dates of collection of loans with the intent to defraud the Society. On audit, the misappropriation was detected and P.W. 1 made a complaint to the effect that the petitioner had committed offences under Ss. 408,468 and 477A, I.P.C.

(3.) The defence of the petitioner during trial was totals denial of the allegations brought against him. He stated that he did not collect the loan amounts. Therefore, there was no question of his having misappropriated the sum of Rs. 1,912/-. He also denied for having made interpolations in the loan ledger.