MANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mander Singh, at the relevant time, was posted as Cashier in Gurdwara Takhat Sri Damdama Sahib, Talwandi Sabo. This Gurdwara is managed by Shromani Gurdwara Parbandhak Committee (hereinafter referred to as, 'SGPC'), a statutory body. On 23rd July, 1988, Secretary, SGPC submitted a written complaint Ex.PA to Senior Superintendent of Police, Bathinda. The subject of the complaint stated that Mander Singh former Cashier had unlawfully misused the cash of Gurdwara. The complaint stated that it was brought to the notice of Secretary, SGPC by the Manager, Gurdwara Takhat Sri Damdama Sahib, Talwandi Sabo that at the time of handing over the charge, there was shortage of cash of Rs.1,39,196.42. The employee was not able to explain the shortage, therefore, he had misused the cash and the recovery be effected from him. Senior Superintendent of Police, Bathinda on 25th August, 1988 appended a note "get the money recovered, register case if required, report in 15 days". This was marked to Sukhchain Singh, DSP, who further ordered SHO Raman to register the case and investigate the matter. On 2nd September, 1988, formal FIR No.102, Ex.PW8/A on the basis of complaint Ex.PA, was registered at Police Station Rama under Section 408 IPC. The matter was investigated and report under Section 173 Cr.P.C. was submitted against the petitioner. He was tried by the Court of Judicial Magistrate (1st Class), Talwandi Sabo, who vide judgment and order dated 10th February, 1995, found the petitioner guilty of an offence under Section 408 IPC and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.2000/-, in default of payment of fine to further undergo rigorous imprisonment for two months. Aggrieved against the same, petitioner had filed an appeal. Additional Sessions Judge, Bathinda on 9th December, 1997 maintained the conviction and upheld the sentence, and ordered the dismissal of the appeal. As a result thereof, present revision petition was filed in this Court. Charge was framed against the petitioner on 27th September, 1990. The charge stated that in the year 1988, being a Cashier of SGPC and in the employment of SGPC in his capacity as Cashier, he was entrusted with amount of Rs.1,39,196.42 and the same was misappropriated by him and therefore, he committed criminal breach of interest with respect to the said property and thereby committed offence punishable under Section 408 IPC.

(2.) Prosecution examined Gurcharan Singh as PW-1, who stated that in the years 1988-99, he was posted as Manager of Gurdwara Takhat Sri Damdama Sahib, Talwandi Sabo. He proved appointment letter Ex.P1 of the petitioner as a Clerk in SGPC. The appointment is dated 5th March, 1987. According to this witness, Baljinder Singh Accountant had proceeded on leave and on his place, petitioner was appointed as Cashier. An office order to this effect had been proved as Ex.P2. This order is dated 5th August, 1987. Vide Ex.P3, petitioner was asked to hand over the charge to Mohinder Singh, who was appointed as Cashier. Vide Ex.P4, petitioner was suspended for not obeying the order and misusing the cash. This witness also proved Cash Book Ex.PJ, according to which Rs.2,59,760.21 were cash-in-hand with the petitioner. The petitioner had handed over Rs.1,20,563.79, therefore, at the time of handing over the charge, there was shortage of Rs.1,39,256.42. In cross examination, document Ex.DA was put to the witness. The witness admitted that Ex.DA was issued on the letter pad of the head office of SGPC. A perusal of Ex.DA reveals that an inquiry was conducted and it was stated therein that Rs.32,655.48 is due from other employees and remaining amount of Rs.87,890.94 be recovered from the petitioner. This pertains to Resolution No.1346 passed by SGPC on 25th October, 1989.

(3.) Mohinder Singh appeared as PW-2. He stated that on 15th July, 1988, he had taken the charge from the accused petitioner in the presence of Gurcharan Singh Manager and Baljinder Singh Accountant (who had returned from the leave). As per the record, Rs.2,59,760/- were outstanding. But Mander Singh handed over only Rs.1,20,563/- and thus there was shortage of Rs.1,39,196/-.