MAHABIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted and sentenced by the Judicial Magistrate 1st Class, Ambala Cantt on 22.12.2000 for the offences punishable under Sections 408,468 and 471 of the Indian Penal Code (IPC for short). His appeal was dismissed by Additional Sessions Judge, Ambala on 22.2.2006.

(2.) THE case against the petitioner was that while working as Secretary of the Cooperative Credit and Service Society, Adhoya, he committed embezzlement of Rs.1,68,081/ -. He had received the amount from different members of the Society while he was in harness and misappropriated the same. During investigation, again it was found that he had embezzled an amount of Rs.1,19,077/ - .

(3.) CHARGES were drawn up by the trial Court under Section 408, 468 and 471 IPC. The trial Court relied on the prosecution evidence and held that the guilt was brought home to the convict. However, from the evidence it was shown that certain amount was received by the petitioner, who had issued receipts to different members of the Society, but the amount was not accounted for in the record and he misappropriated the money. No material was there regarding forgery or using forged documents as genuine.