LAWS(P&H)-1992-8-209

STATE OF PUNJAB Vs. SHAM LAL WADHAWAN

Decided On August 04, 1992
STATE OF PUNJAB Appellant
V/S
Sham Lal Wadhawan Respondents

JUDGEMENT

(1.) This judgment will dispose of Crl. Appeal No. 292-DBA of 1988, The State of Punjab v. Sham Lal Wadhawan and also Crl. Revision No. 71 of 1989, M/s Selser Marketing Pvt. Ltd. v. Sham Lal Wadhawan.

(2.) The prosecution case against Sham Lal Wadhawan respondent was that he was employed as Depot Manager of Jalandhar Branch Office of M/s Selser Marketing Pvt. Ltd., New Delhi. During the course of his employment, the company sold Telerad articles and the respondent was to handle the cash transactions and to deposit the daily amounts of sale in the Indian Overseas Bank, Jalandhar City. It was also his duty to sell the articles of the company namely Telerad Radios, Transistors and Television, issue the cash memos, maintain account books and deposit the sale proceeds in the Bank. He was required to prepare and send the daily statement of sale to the Head Office of the company. The respondent opened his personal account in the Indian Overseas Bank, Jalandhar City and during the period commencing from 24.4.1978 ending on 9.5.1979, the respondent did not deposit the amounts received by him on behalf of the Company and rather with malafide intention deposited the amounts in his personal account. He also stopped sending regular monthly statements from October, 1978. On 4.6.1979, Sh. S. S. Aggarwal, Branch Administrator of Selser Marketing Pvt. Ltd., New Delhi came to Jalandhar alongwith Sh. T.K. Aiyah, Senior Executive to look into the affairs of the Branch and he found that the respondent had embezzled an amount of Rs. 70,000/-. The respondent made a confession regarding this embezzlement in his own handwriting. Sh. S.S. Aggarwal reported the matter to the Senior Superintendent of Police, Jalandhar and on the basis of the application submitted by him, case was registered against the respondent.

(3.) Respondent was charged for offences u/ss 408, 468 read with section 471 I.P.C. for having committed criminal breach of trust in respect of a sum of Rs. 70,070.87 paise during the period from 24.4.1978 to 2.4.1979. He was held guilty and was sentenced to undergo R.I. for 2 years and to pay a fine of Rs. 200/- by Sh. S.S. Gupta, Judicial Magistrate 1st Class vide his judgment dated 30.1.1985. The respondent preferred an appeal against the judgment recording his conviction. During appeal, it was found that statement of S.S. Aggarwal, at whose instance, the case was registered, was not recorded after the amended charge was framed on 31.5.1983 so that statement was illegally read in evidence.