GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurbachan Singh petitioner was tried, convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 500/-, in default further rigorous imprisonment for one month under Section 408 of the Indian Penal Code by the trial Magistrate. The appeal was carried to the Court of Session but failed substantially inasmuch as the conviction was maintained but the petitioner was given the benefit of the Probation of Offenders Act and was ordered to pay Rs. 500/- as costs of the proceedings.

(2.) The case of the prosecution in brief is that the petitioner was working as Cashier of Kot Karore Kalan Cooperative Society. One Dalip Singh, a member of the society, had taken a loan from the society and he is alleged to have returned an amount of Rs. 2227 to the society on 8th June, 1976, which was supposed to have been received by the petitioner and entered in the account books. However, the prosecution case is that the petitioner did not make any entry in the cash book but only made an entry in the pass book, Exhibit PD, of Dalip Singh.

(3.) The case of the petitioner during the trial was that he never received any amount from Dalip Singh PW nor did he make any entry in the pass book and that neither the entry nor the signatures on the entry in the pass book were in his hand.