BHIM SEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition, under Section 482 of the Code of Criminal Procedure, First Information Report No. 6. recorded at Police Station, Raipur Rani, district Ambala, on January 23, 1984, under section 409, Indian Penal Code, against. the petitioner Bhim Sen is sought to be quashed.

(2.) IN the impugned First Information Report lodged by the Assistant. Registrar, Co-operative Societies, Ambala, it was alleged that the petitioner Bhim Sen, ex-liquidator of the Morni Hills Carpet Daree P.C.I.S. Ltd., Morni, has embezzled a sum of Rs. 4392/-. After investigation of the case challan Was presented before the Court in January 1987 for the case to be tried under section 409, Indian Penal Code.

(3.) THUS , the vital question for determination in his case is whether the petitioner can be prosecuted under Section 409, Indian Penal Code, despite the fact that the offence also falls under section 117(5) of the Act. According to the learned petitioner's counsel the provisions of the Indian Penal Code would not be attracted because the offence is covered by a punishing section of a local law. In support of this contention the help of section. 5 of the Indian Penal Code is sought to be drawn. This section is as follows :-