RAMESWAR HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Mazumdar, learned Counsel for the petitioner and Ms. A. Begum, learned Public Prosecutor, Assam.

(2.) The complainant, Smt. Mayuri Baruah, was a Junior Sales Officer at the Jakhlabandha Branch of JVG Finance Ltd., hereinafter referred to as the 'Company' and she had filed a written complaint on 25.7.98 stating, inter alia that she was appointed in the said Company on 7.10.96 on commission basis and she had enrolled about 16 Nos. of customers under the 13 months Recurring Deposit Account Scheme of the Company. The petitioner Rameswar Hazarika was the Branch Manager of the said Branch. She used to collect money from those customers on monthly basis and used to deposit at the Branch. The Company was required to refund the amount along with interests on the expiry of the term but when the time for repayment came, the company failed to pay back the money and the Manager of the Company, Rameswar Hazarika was hiding himself. Police registered G.R. Case No. 247/98 and after usual investigation submitted charge-sheet against the petitioner-accused Rameswar Hazarika. The trial was conducted by the learned Sub-Divisional Judicial Magistrate, Kaliabar, Nagaon in which prosecution examined as many as seven witnesses and the defence examined two witnesses. The trial Court vide the judgment dated 30.7.2001 found the accused- petitioner guilty of offence under Section 406 IPC. He was sentenced to undergo R.I. for six months and pay a fine of Rs. 1,000/-, in default to further R.1. for one month.

(3.) The petitioner preferred Criminal Appeal No. 25(N)/2001 and vide the impugned judgment dismissed the appeal, affirming the order of conviction and sentence. Here, the present revision.