LAWS(P&H)-1997-2-139

TARA CHAND Vs. STATE OF HARYANA

Decided On February 25, 1997
TARA CHAND Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) By this common judgment Criminal Revision Nos. 429, 427 and 428 of 1987 can conveniently be disposed of together. Not only the basic facts are identical, the petitioner in all the three revisions is the same.

(2.) THE relevant facts are that Sirsla Co -operative Agricultural Service Society was functioning in village Sirsla. The petitioner was appointed as its cashier from 15.7.1969 to 24.9.1974. Karam Singh was the Secretary of the society from 12.2.1971 to 16.1.1975. During the audit of the society in the year 1977, it transpired that the petitioner as well as Karam Singh hadembezzled the funds and manipulated its accounts. On ascertaining true facts, Assistant Registrar, Co -operative Societies, Kurukshetra addressed a letter to the Superintendent of Police, Kurukshetra on basis of which the first information report was recorded.

(3.) IN the other connected case as a result of which Criminal Revision No. 427 of 1987 has been filed the embezzlement alleged was to the tune of Rs. 6,503/ - comprising of four items from 9.5.1974 to 6.8.1974. It was alleged that on 9.5.1974 a sum of Rs. 605/ - was shown to have disbursed to Surjan Singh against entry at page No. 8 of the Cash Book. On 2.7.1974 Rs. 98/ - were shown to have been paid to Sardara Singh towards the loan vide entry at page No. 15 of the Cash Book. On 6.8.1974 through entry at Page No. 18 of the Cash Book, Rs. 3,800/ - were shown to have been disbursed to Ram Parsad. In fact no loan was paid to these persons and no documents like bonds were secured from the above said persons. At page No. 18 an amount of Rs. 2,000/ - was shown to have deposited while it was not so deposited. The learned trial court held the petitioner guilty of the offence punishable under Section 408 IPC and sentenced him to undergo rigorous imprisonment for one year and a fine of Rs. 1,500/ -. In default he was to undergo further rigorous imprisonment for four months. The petitioner had preferred an appeal which was dismissed on 6.4.1987 by the learned Additional Sessions Judge.