RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case in brief is that Ram Singh, accused, was Secretary-cum-Cashier of Halimwala Cooperative Agricultural Service Society. It was his duty to withdraw the amount from the bank on behalf of the Society. It was also his duty to deposit the amount in the account of the Society in the Bank. Assistant Registrar, Cooperative Societies, Fazilka imputed criminal breach of trust to the accused in respect of an amount of Rs. 9,660/- being Secretary of the Society. He got F.I.R. No. 23 registered against him at P.S. Sadar, Fazilka, on 12.1.1992. According to the prosecution, one Inder Singh S/o Fateh Singh had taken loan of Rs. 9,048/- from the society being its member. He had handed over Rs. 9,000/-, another amount of Rs. 48/- and interest of Rs. 612/- to the accused on 10-5-1988 and 6-6-1988 respectively. Accused entered the factum of these deposits in the pass book exhibit P-1 of said Inder Singh and gave him Clearance Certificate also. Instead of depositing the said amount in the account of the Society in the Bank, he brought the amount to his own use and thus misappropriated it. The accused was confronted by the Society. He gave in writing to the Society admitting that he had misappropriated that amount and spent it on his own use and that he would deposit the amount within a period of one month. He failed to deposit the amount.

(2.) AFTER investigation, the accused was challaned.

(3.) AGGRIEVED from conviction and sentence passed upon him by the learned Magistrate, accused went in appeal to the Court of Sessions.