BALDEV SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Present revision petition is filed challenging the judgment dated 23.10.2013 passed by the trial Court, acquitting respondent No.2-accused in FIR No.277 dated 14.12.2002 under Section 409 of the Indian Penal Code (for short 'IPC'), registered at Police Station Tanda as well as the judgment dated 17.12.2014 passed by the lower appellate Court, vide which the appeal filed by the petitioner was also dismissed.

(2.) Brief facts of the case are that on a written complaint given by Joginder Pal, Assistant Registrar, Co-operative Society, Dasuya, against respondent No.2-accused Gian Singh, the aforesaid FIR was registered with the allegations that during the period 1992 to 1993, the accused was posted as Secretary of the Co-operative Agriculture Service Society, Alampur and he was entrusted with Rs.3,76,710/- and instead of depositing the said amount in the account of the Co-operative Society, he misused the same. On the basis of the complaint, an inquiry was conducted and thereafter, the FIR was registered against the respondent-accused. On completion of the investigation, report under Section 173 Cr.P.C. was submitted and the trial Court framed charge under Section 409 IPC.

(3.) In support of its case, the prosecution examined PW1 Gurdip Singh, Inspector Audit Co-operative Society, who deposed that he had conducted the audit of the society for the period 01.04.1992 to 31.03.1994 and found that there was embezzlement of an amount of Rs.3,95,851.10/-, as per the cash book and other record of the society and the same was committed by the accused Gian Singh. This witness further stated that he has submitted a report to the Audit Officer of the Co-operative Society and thereafter, an inquiry report dated 24.09.1997 was submitted by the said Audit Officer against accused Gian Singh.