KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The facts giving rise to this revision petition are within a narrow compass.

(2.) The petitioner was the President of Sohian Kalan Cooperative Agricultural Service Society (hereafter referred to as the Society). While as President, he received a sum of Rs. 3,200/- from Swinder Singh P.W.2 and his wife Smt. Mohinder Kaur against loan taken by them and he issued a receipt. This aspect of the prosecution case is not disputed by the petitioner, who has rather admitted it. Now the petitioner, according to the prosecution, deposited only a sum of Rs. 775/- against the name of Swinder Singh and Rs. 660/- against the name of Mohinder Kaur; in all Rs. 1,435/with the Society and he did not deposit the remaining amount of Rs. 1,765/-. This amount was embezzled by the petitioner, as alleged by the prosecution. Accordingly, a complaint was made by the members of the Society and an inquiry was held by the Auditors of the Society and these facts were found to be correct. Thereupon, the Deputy Registrar Cooperative Society, Amritsar, through letter, Exhibit P.B. got registered a case against the petitioner, which after investigation was put up for trial. The prosecution was able to prove its case against the petitioner, inasmuch as entrustment was concerned, not only by its own evidence but by the admission of the petitioner. With regard to the misappropriation, the petitioner pleaded that he had on 30th June, 1973 deposited a sum of Rs. 9,000/- in the bank account of the Society and the entire sum of Rs. 3,200/- was part and parcel thereof. He further asserted that since be was not in charge of writing accounts, the Secretary of the Society had failed to incorporate the relevant entries in the account and thus he was not guilty of the charge.

(3.) In his defence, the petitioner filed Exhibit D. B., an order of this Court. That order was passed on 25th July. 1975 in Cr. M. No. 2621-M of 1975. The contention of the counsel for the petitioner was noticed therein, while pressing for bail, that he had on 30th June, 1973 deposited a sum of Rs. 65,000/- and that the alleged amount of Rs. 3,200/- was included in that amount. Gurnam Singh J. then observed that this aspect had not so far been investigated by the police and the State counsel requested for time to verify that fact. Time was given up till 25th August, 1975 and it is alleged that thereafter no verification took place.