BADRINATH NAIK Vs. STATE

JUDGEMENT

(1.) SETTING aside the conviction and sentence and remitting back the case for fresh trial by the appellate Court is grievance of the accused in this revision.

(2.) ACCUSED was the Secretary of Gurunthi Service Co -operative Societies. He was charged to face trial for having committed breach of trust of several amounts in the year 1981 -82. Total amount of mis -appropriation was alleged to be Rs. 68,257.07 paise. Accused denied the charge and, pleaded not to be guilty. On trial he was convicted Under Section 409, IPC, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/ - in default to undergo simple imprisonment for six months. In appeal by the accused, it has been held that provision of Section 219 read with Section 212 of the Code of Criminal Procedure has not been complied with. Appellate Court has, therefore directed a fresh trial as provided Under Section 464, Cr PC.

(3.) SINCE appellate Court has not given the due importance to Section 212(2),CrPC and accused does not claim prejudice, appellate Court is required to hear the merits. In case accused relies on Section 219, CrPC appellate Court can consider the question along with merits without directing retrial