BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NOTICE in this case was issued only in regard to sentence. The petitioner was convicted under sections 406/408, Indian Penal Code, and was sentenced to one year's Rigorous Imprisonment and was also ordered to pay a fine of Rs. 500/ -. In default of payment of fine, he was ordered to undergo further Rigorous Imprisonment for one month.

(2.) THE prosecution allegation against the Petitioner is regarding the embezzlement of a some of Rs. 3145.74, break -up whereof is Rs. 2320/ - received from Sadhu Singh, Rs. 2sick.. from Labh Singh and Rs. 560/ - from Dharam Singh, while working in his capacity as a Cashier of the Cooperative Society. The amounts were received by him in the years 1977 and 1978. It is also on the record that the petitioner deposited in the Central Cooperative Bank, Samrala, a sum of Rs. 3,000/ - on May 2, 1978 and Rs. 145.74 on September 28, 1979, in order to clear his liability. The petitioner is a first offender and has been confined for the last more than one month. In these circumstances, the sentence of the petitioner is reduced to the period of confinement already undergone by him. However, the sentence of fine of Rs. 500/ - as imposed upon him by the trial Court, as also the imprisonment in of payment thereof, are maintained.

(3.) THE revision petition is allowed partly to the extent indicated above. The complainant Society shall be entitled to withdraw the amount deposited by the petitioner in the Central Cooperative Bank, Samrala, as stated above. Petition allowed.