STATE OF PUNJAB Vs. BALWINDER SINGH

JUDGEMENT

(1.) Inspector Post Offices, East Sub Division, Amritsar, addressed to Senior Superintendent of Police, Amritsar registered letter F-12/3/75 dated February 3,1976 alleging misappropriation of the amount of seventeen money orders detailed therein by Balwinder Singh accused while doing the job of Extra Departmental Delivery Agent at Sub Post Office, Ajnala District Amritsar of Punjab State during the period February 19, 1975 to July 14, 1975. The amount mis-appropriated thereby was Rs. 62501- and the accused was alleged in the letter under reference to have committed the offences of theft, forgery, cheating and mis-appropriation of the amount covered by the money orders aforesaid.

(2.) On being charged with the commission of offences under Sections 409, 420 and 471 of the Indian Penal Code in respect of it, the accused pleaded not guilty thereto and claimed to be tried. Vide its judgment dated October 21, 1987, learned trial court convicted the accused of the commission of offences under Sections 406, 420, 471 of the Indian Penal Code and sentenced him as follows: Under Section 406: Accused is sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 300/- or in default of payment of fine he shall further undergo R.I. for two months. Under Section 420 IPC: Accused is sentenced to undergo RI for a period of two years. Under Section 471 IPC: Accused is sentenced to undergo RI for a period of two years. All the sentence shall run concurrently. Sentence already undergone by the accused be set off WS 428 Cr. P.c.

(3.) In appeal, learned lower Appellate Court vide its impugned judgment dated July 18, 1989 acquitted the accused holding that the taking of cognizance of the case by the learned trial court was barred under Section 468 of the Code of Criminal Procedure 1973. Feeling aggrieved there from, the State of Punjab has filed Cr1. Appeal No. 107-DEA of 1991 in this Court.