STATE OF HARYANA Vs. DULI CHAND

JUDGEMENT

(1.) This appeal is directed against the order of acquittal of Duli Chand passed by Judicial Magistrate Ist Class, Panipat, dated 28/01/1982 in respect of charge under S. 409 of the Indian Penal Code.

(2.) In brief facts relevant for the disposal of this case as emerge from the First Information Report lodged on the basis of letter dated 28-11-1975 from the Assistant Registrar, Cooperative Societies, Panipat to the Superintendent of Police, Karnal, are that Duli Chand (accused), Ex-Cashier of the Karhans Co-operative Agricultural Society, embezzled a sum of Rs. 37,300/- belonging to the said society. A sum of R. 22,300/- had been shown bogus advancement of loan against members, of the Society, the details of which are as under :- Sr. No Name of the loanee Amount Date 1. Ami Lal S/o Chhaju 4000.00 31-12-69 2. Raj Pal S/o Amin Lal 4000.00 -do- 3. Mohan Singh S/o Shambu 4000.00 -do- 4. Gulab Singh S/o Minshi 4000.00 -do- 5. Naurang S/o Jabar 2700.00 27-7-71 6. Parkasha S/o Ram Sarif 3600.00 -do- Apart from that a sum of Rs.15,000/- was paid to Shri Jagdish Secretary of Simla Gujran Co-operative Society as per entry at Page No. 6 of the Cash-book of the Society that Duli Chand accused had accepted the aforsaid liabilities and admitted that he was liable to pay the said amount on 1-11-1972; that the Field Staff failed to recover the said amount from Duli Chand and on the recommendations of Shri Ishwar Singh, the then Assistant Registrar Co-operative Societies, Panipat, the Superintendent of Police, Karnal. was requested to register a case against Duli Chand. On the basis of the said letter case under Ss. 406 / 409 / 468 of the Indian penal Code was registered against Duli Chand, who was charged under S. 409 of the Indian Penal Code and was later on acquitted of the said charge.

(3.) The learned counsel for the parties were heard.