BALJIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Baljit Rai who worked as a Secretary of Cooperative Agricultural Service Society, Ajitwal was charged for an offence under Section 408 for the embezzlement of an amount of Rs. 14,699.99 paise. He was held guilty by Judicial Magistrate Ist Class, Moga and vide dated 25.11.1985 was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/ -. Aggrieved by This Baljit Rai filed an appeal which was partly accepted by the learned Sessions Judge, Faridkot and sentence of imprisonment awarded to him was reduced to a period of one year. The sentence of fine was relined. Baljit Rai has filed the present revision petition assailing his conviction and sentence.

(2.) THE prosecution case against the Petitioner, in brief, was that on 20th June, 1974 Sub Inspector Audit, Cooperative Societies, Moga, namely, Shri Piare Lal checked the cash book of the Society of which the Petitioner was a Secretary and found that a sum of Rs. 28,458.05 was shown as balance in cash and This amount was outstanding in the name of the Petitioner. He was asked to produce the cash for physical checking but he refused to produce the same. His signatures were obtained in the cash book. Piare Lal submitted his audit Report and on the basis of application Ex. PA of the Inspector Cooperative Societies, Kokri Kalan, case was regIstered against the Petitioner. Later on an amount of Rs. 14,000/ - was found to have been already deposited with the Society. thus, the Petitioner was charge -sheet for criminal breach of trust in respect of the remaining amount.

(3.) I have heard Mr. Bipan Ghai, the learned Counsel for the Petitioner and Mr. M.R. Sidhu, the learned Deputy Advocate General, Punjab, for the Respondent.