NAJIR AHMED Vs. STATE OF HARYANA

JUDGEMENT

(1.) The crux of the facts & material, which needs a necessary mention for the disposal of the instant revision petition and emanating from the record, is that, petitioner Najir Ahmed son of Nathu Khan was a salesman, whereas his co-convict Ramphal was Ex-Secretary of Bai Cooperative Credit and Services Society Limited (for brevity "the society"). The members had obtained the loans from the society. The petitioner and his co-convict received the actual amount of the instalments of loan from the loanees, but deposited the less amount in their accounts and issued the receipts to them in this respect.

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the petitioner and his coconvict have mis-appropriated the impugned amount of the loanees and did not deposit the entire amount in the account of the society. In the background of these allegations, a criminal case was registered against the accused, vide FIR No.233 dated 12.8.2003, on accusation of having committed the offences punishable under sections 409, 420, 467, 468 and 120-B IPC by the police of Police Station Nuh, District Mewat in the manner depicted here-in-above.

(3.) Having completed all the codal formalities and in the wake of trial, the petitioner and his co-convict were convicted & sentenced to undergo rigorous imprisonment for a period of one year each, to pay a fine of Rs. 500/- each or in default of payment of fine, to undergo simple imprisonment for a period of one month each for the commission of offence punishable u/s 409 IPC. To undergo rigorous imprisonment for a period of six months each, to pay a fine of Rs. 500/- each or in default of payment of fine, to undergo simple imprisonment for a period of one month each u/ss 467 & 468 IPC each and to undergo rigorous imprisonment for a period of three months each under section 120-B IPC. However, all the sentences were ordered to run concurrently by the trial Court, vide impugned judgment of conviction dated 29.3.2011 and order of sentence dated 30.3.2011.