MANKESHWAR DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Mankeshwar Dass Branch Manager of the Punjab National Bank, Hensali Bazar, Amritsar was prosecuted in the Court of Judicial Magistrate First Class, Amritsar for having temporarily misappropriated Rs. 13000/ - that amount consists of two items, one was of Rs. 10000/ - which he had embezzled on 24.12.1976 and the other one of Rs. 3000/ - on 5.2.1977. Those items were redeposited by him on 30.4.1977 and 21.4.1977 respectively. The learned trial Court convicted him under Section 409 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 25000/ -. Rigorous imprisonment in default of payment of the fine was also awarded. The petitioner filed an appeal before the learned Sessions Judge, Amritsar. He reduced the sentence of imprisonment of the petitioner to six months. The sentence of fine was maintained.

(2.) AT the time of filing this petition, the petitioner had prayed only for reduction in sentence and on that ground it was admitted.

(3.) THE learned counsel for the petitioner argued that at the time of his conviction in September, 1980, the petitioner was aged 54 years. He further pointed out that the petitioner has already suffered other punishments like dismissal from service and loss of pensionary benefits. On the basis of the above facts, he prayed that as it is a case of only temporary embezzlement, the sentence of the petitioner be reduced.