LAWS(P&H)-2003-4-118

NEEL KANTH Vs. THE STATE OF PUNJAB

Decided On April 30, 2003
NEEL KANTH Appellant
V/S
The State Of Punjab Respondents

JUDGEMENT

(1.) THIS petitioner has been filed at the instance of Neel Kanth, accused-petitioner, who has been convicted and sentenced by the courts below for an offence under Section 409 of the Indian Penal Code.

(2.) THE facts of the case are that Neel Kanth was working as a cashier in the officer of District Education Officer, Ferozeore. On 31.3.1978, he was deputed to get two drafts amounting to Rs. 94007.50 prepared in favour of M/s B.S. Enterprises, Delhi. It is the case of the prosecution that though the money had been withdrawn by the petitioner on that date but the drafts were not prepared nor any payment made to M/s B.S. Enterprises. This fact came to light when the District Education Officer made an inquiry in pursuance of letter dated 11.11.1982 of the Accounts Officer, DPI (P) with regard to the payment made to the aforesaid concern. On investigation it was found that no payment has infact been made, which led to the registration of a case against the petitioner. On the completion of the investigation, the accused was charged under Section 409 of the Indian Penal Code and as he pleaded not guilty was brought to trial.

(3.) MR . Ravinder Chopra, the learned counsel appearing on behalf of the petitioner, had been roped in on account of a conspiracy hatched by K.K. Aggarwal and the fact that he had initialled the entries, Exhs. P-1 and P-2, clearly showed that he too was guilty party and instrumental in the commission of the offence. He had accordingly urged that for this reason and in view of the statement of Harbux Singh (PW-14) and the report tendered by him, K.K. Aggarwal alone was in fact guilty one.