NACHHATAR SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under S. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code,) relates to quashment of impugned first information report No. 71 dated 4-9-1988, under Ss. 408/ 409, I.P.C. registered in the Police Station, Kotwal, Ludhiana, for misappropriation of a sum of Rs. 1,30,861.35.

(2.) In brief, the facts relevant for the disposal of this petition, as emerge from the impugned first information report, are that the petitioner was working as Cashier in Octroi Department of Municipal Corporation, Ludhiana, whereas Jagiit Singh Walia was working as Assistant Cashier in the same Department. As a part of their duties, they were entrusted with the Municipal funds every day on account of collection of cash from Octroi posts in Ludhiana. Those amounts were handed over to them by the Incharge of the Octroi barriers (Octroi Moharrirs) against receipts in the inspection Books maintained at the barriers. Both, the petitioner and Jagjit Singh Walia had separate safes in the Octroi office situated near Bazar Clock Tower, and, keys of those safes remained exclusively with each of them. The amounts so collected were required to be deposited daily by the concerned cashier in the United Commercial Bank, Chowk Mata Rani, Ludhiana. Both of them used to maintain the accounts of such receipts, which, are still with them and the bank deposit receipts were pasted by the petitioner in the cash book. An Assistant Superintendent of Octroi Department also maintains a separate cash book in which daily receipts and deposits are entered.

(3.) On 20th of April. 1988, Shri Jagjit Singh Walia made a report that Nachhatar Singh Gill the present petitioner, attended the office on 15-4-1988 and left the office saying that he wanted to meet the Commissioner, Municipal Corporation, Ludhiana, in order to narrate to him all the details of the incident of dacoity which took place on 14-4-1988. In that dacoity Rs. 3,02.748.42 had been looted. The petitioner did not hand over the key of his safe, or, the collections made by him, till then. On 21-4-1988 Shrijagit Singh Walia, sub- misted another report stating that there was an apprehended shortage of Rs. 1,43,423.57. The third report was submitted by the same employee to the effect that actual shortage was to the tune of Rs.1,50,861,35. The petitioner failed to resume duty in spite of the fact that he was told that the leave Applied by him had not been sanctioned. On 21-4-1988, he came to the office, and opened the safe himself and handed over a sum of Rs. 5,245.00 with a bunch of keys which was kept by him in his safe. He was asked by the Octroi Superintendent to explain the said shortage, but he evaded and slipped away without giving any explanation Thereafter, the report regarding misappropriation was submitted to the Examiner, Local Fund Accounts, Punjab. The Director, Treasuries and Accounts and Local Fund Audit-cum-Joint Secretary to Government, Punjab, directed that the case be handed over to the police as it was a clear case of misappropriation, and, on the basis of the report made by the Commissioner, Municipal Corporation, Ludhiana, the impugned first information report was registered.