NETRANANDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Netrananda Sahu faced trial in the Court of learned J.M.F.C., Patnagarh in G.R. Case No.77 of 1985 (T.R. No. 138 of 1990) for offence punishable under section 408 of the Indian Penal Code on the accusation that on 15 02.1985 he being the President of the Co-operative Society, Kanut SCS had withdrawn a loan of Rs. 12,000/- (rupees twelve thousand) only which I was entrusted to him for purchasing sheep, goats, calves and to finance the poor Adivasis and Harijan people of Kanut Gram Panchayat but he misappropriated the said amount.

(2.) On 31.03.1985 on the basis of the first information report (Ext. 12) lodged by A Sanyasi Rao (P.W. 10) before the officer in charge, Belpada Police Station, Belpada PS Case No. 17 of 1985 was registered under sections 408/34 of the Indian Penal Code against the petitioner and Kusadhawaja Sahu (P.W.5). The Deputy Registrar of Co-operative Society, Bolangir Division, Bolangir in his order No.1853 dated 26.03.1985 authorised the informant to lodge the F I R. against : the petitioner as well as P.W.5 in connection with the case of embezzlement of Rs.1000/-of Kanut SCS.

(3.) The case was investigated by Narendra Mahapatra (P.W.8), the officer in charge of Belpada Police Station. During course of investigation, he examined the witnesses, visited the spot, seized the cash book, proceeding book and the cheque book of Kanut SCS from P.W.5 and prepared the seizure list Ext.1. He also seized day book, cashier's scroll, one cheque bearing No. 28883 dated 15.02.1985 for Rs.12,000/- etc. under seizure list Ext.9. After completion of investigation, P.W.8 submitted charge sheet against the petitioner only under Section 408 of the Indian Penal Code on 24.04.1985.