SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR No. 225 dated 13.11.1984 under Section 409 IPC was registered at Police Station Bawanikhera on the basis of an application sent by Assistant Registrar, Cooperative Society, Bhiwani to the police. It was alleged therein that the petitioner, who stood posted as Secretary of the Baliali Cooperative Credit and Service Society, had embezzled the funds of the Society.

(2.) During investigation of the case, the record of the Society was taken into possession by the police. It was noticed that the audit conducted by the concerned department had found the commission of fraud by the petitioner. Even an enquiry conducted by the department came to a similar conclusion. Accordingly, the petitioner was arrested on 9.8.1988. He refused to give specimen signatures and handwriting. It was finally concluded that during his tenure as Secretary of the Society, the petitioner had misappropriated an amount of Rs. 82,364.68 Ps. In all, fifteen challans regarding various amounts were prepared and filed.

(3.) In all the fifteen challans, the petitioner was charged for an offence under Section 408 IPC. Learned Judicial Magistrate 1st Class, Bhiwani convicted the petitioner under Section 408 IPC in all the fifteen challans and sentenced him to undergo imprisonment and to pay fine. Aggrieved of his conviction and sentence, the petitioner filed fifteen different appeals. Learned Additional Sessions Judge, Bhiwani accepted nine of the appeals preferred by the petitioner against his conviction and sentence under Section 408 IPC. However, the remaining six appeals were dismissed. He then filed the present set of six revision petitions, i.e. Criminal Revision Nos. 917 to 922 of 1996, which were admitted on 20.12.1996 and the petitioner was ordered to be released on bail.