ASHWANI KUMAR Vs. STATE OF HP

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment of learned Sessions Judge, Una affirming the judgment and sentence imposed upon the petitioner by the learned Additional Chief Judicial Magistrate, Court No. II, Una sentencing him to undergo simple imprisonment for two months and to pay a fine of Rs. 2,000/- for offence under Section 409 IPC.

(2.) Brief facts necessary for consideration are that the petitioner was charged for offences under Sections 408, 409 and 420 of the Indian Penal Code on the allegations that when the audit of account of Licensing Branch of Motor Licensing Authority was undertaken in the year 1987, certain discrepancies were found in the accounts. A sum of Rs. 5,795/- was alleged to have been misappropriated by the petitioner herein who was at the relevant time working in the Himachal Road Transport Corporatin (HRTC). The prosecution was based on the note of the Audit Party that challans have not been entered in the register of Motor Licensing Authority. Accordingly, a complaint Ext.PW1/A was filed with the Police Station at Una on the basis of which FIR Ext.PW17/A was registered. The basis of the complaint was the audit report Ext.PW4/A.

(3.) During investigation, according to the prosecution, the case as alleged for consideration of the Courts below was that the petitioner herein was authorized by the HRTC Una to deposit taxes of the vehicles in the State Bank of Patiala. For this, the petitioner used to apply for advance payment from the department of HRTC, clear Challan Form No. 32-A from the Treasury and thereafter deposit the amount in the State Bank of Patiala. The Motor Licensing Authority handed over the challan forms 32-A Ext.P1 to Ext.P21 and Ext.P22 to Ext.P42 to the police vide memo Ext.PW2/A. The District Treasury was also having one copy of this form. These were handed over to the police and exhibited as Ext.P43 to Ext.P67. the applications made by the petitioner herein claiming advance payment are Ext.PW12/B to Ext.PW12/Z and Ext.PW12/Z-1 to Ext.PW12/Z-9 and the corresponding entries and ledger Ext.PW12/Z-10 to Ext.PW12/Z/11. To tally this information, Branch Manager of the State Bank of Patiala also supplied information vide Ext.PW6/A to ExtPW6/D.