SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner in appeal has been convicted and sentenced under Section 406 of the Indian Penal Code to rigorous imprisonment for one year by the learned Additional Sessions Judge, Ferozepur. Feeling aggrieved, he has filed this revision.

(2.) ACCORDING to the prosecution version, the petitioner was a cashier in Bhangali Khurd Cooperative Society and in November/December, 1972, he misappropriated Rs. 43,300/-. The matter came to the notice of the authorities and Shri Sohan Singh, Assistant Registrar, Cooperative Societies got a case registered against the petitioner. The Police of Ghall Khurd presented the challan on February 11, 1981, against the petitioner.

(3.) ACCORDING to the learned counsel, the embezzlement in the present case took place in 1972 and the matter was reported to the police vide report Exhibit PW 10/A which is dated November 6, 1974, and challan was presented on February 11, 1981. The petitioner is convicted under Section 406 IPC and maximum sentence under Section 406 IPC is three years. Section 468 prescribes three years limitation for the offence where the punishment is not more than three years. Therefore, for an offence under Section 406 IPC, the limitation to launch prosecution will be three years. In Sarwan Singh's case (supra), it was observed as under :-