RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision is directed against the judgment dated 5.2.1992 rendered by the Court of Shri Darshan Singh, Judicial Magistrate Ist Class, Hisar, whereby he convicted and sentenced the revision petitioner to undergo RI for a period of six months and to pay a fine of Rs.1,000/ -or in default thereof to further undergo RI for a period one and half month, as well as judgment dated 8.7.1994 rendered by the learned Additional Sessions Judge, Hisar vide which the period of substantive sentence inflicted by the learned trial Court has been reduced from 6 months rigorous imprisonment to three months rigorous imprisonment maintaining the amount of fine of Rs.1000/ - as well as its default clause.

(2.) As set up by the prosecution, the revisionist -Raghbir Singh is a bus conductor in the employment of Haryana Roadways and is posted in the Office of General Manager, Haryana Roadways, Hisar (hereinafter to be referred as " the G.M."). On 30.6.1990 he was entrusted with bus fare tickets of the value of Rs. 27584/ -for being issued to the passengers. He did not deposit the tickets nor the sale proceeds thereof. Thereupon, the G.M. sent a letter Ex.PW3/A to S.H.O., Police Station City Hisar on 30.7.1990. On its basis, FIR Ex.PW5/A was recorded. The revisionist was placed under suspension vide order dated 12.9.1990. He put in his appearance before the G.M. on 12.11.1990 and explained his absence from 16.7.1990 to 13.11.1990. The latter sanctioned earned leave to the revisionist for the aforesaid period vide order dated 21.11.1990 (copy Ex.D2) and ordered his reinstatement w.e.f. 14.11.1990. He deposited a sum of Rs. 25052/ - on 5.10.1990.

(3.) Mr. Ajay Kansal, Advocate appearing for the revisionist has strenuously urged that as emanates from the evidence produced in defence, the revisionist remained at rest from 1.7.1990 to 4.7.1990 and on leave from 5.7.1990 to 30.11.1990, which leave no scope for doubt that he never remained on duty after 30.6.1990 and as its consequence, there was no occasion for him to sell the tickets. He further puts that he deposited Rs.25402/ -as well as the unsold tickets in the office of the G.M. on 5.10.1990 and in turn, the latter had written a letter for withdrawal of the case and in these premises, no criminal offence is made out against the revisionist.