STATE OF H.P. Vs. PURAN LAL

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 28.6.1996 passed by the learned Chief Judicial Magistrate. Sirmaur. at Nahan. whereby the respondent -accused (hereafter referred to as the accused) has been acquitted of a charge under Sections 408 and 420 IPC.

(2.) Briefly stated, case of the prosecution is that a partnership firm known as M/s. Him Industries. Mogi Nand in District Sirmaur was engaged in manufacture of Gypsy pencils and art materials in the year 1987. The said firm had employed the accused as its sales representative on October 1. 1987 on a monthly salary of Rs.1300/ -. His duty was to book orders for the products of the said firm from the desirous shopkeepers and to distribute the booked articles. He had no authority to collect the -ale proceeds from the customers. The accused, however, collected a sum of Rs. 19.055.25 from various shopkeepers on account of the supply of articles to them for and on behalf of the firm but did not deposit the sad amount with his employer. These facts came to the notice of Vinod Kumar, the Managing Director of the firm on August 9. 1989. When the shopkeepers to whom the articles were supplied disclosed that they did not owe anything to the firm and had paid the price of the articles received by them, the accused was asked by said Vinod Kumar of settle the matter but the accused put him off on one pretext or the other and finally refused to pay the amount received by him on behalf of the firm and also refused to return the order book and a briefcase supplied to him by the firm. Vinod Kumar then made a written report Ex.PW -19/A in respect of the occurrence to the Superintendent of Police. District Sirmaur and as a consequence, formal FIR Ex.PW -18/B was registered at Police Station. Nahan. During the course of investigation, the relevant challans. orders, receipts, bills and vouchers were taken into possession by the investigating agency. Specimen writing and signatures and admitted writings of the accused were taken in possession and along with the questioned writings were sent to the State Forensic Science Laboratory for opinion. As per the reports received from the Forensic Science Laboratory Exs. PW -21/R and PW -21/S. most of the questioned writings were found in the hand of the accused. Statements of various witnesses were also recorded under Section 161 Cr.P.C. On being satisfied that the accused had committed offences punishable under Sections 408 and 420 IPC to the extent of Rs 14.265.50 the officer incharge of the concerned police station submitted a charge sheet against the accused who was charged and tried for the said offences by the learned Chief Judicial Magistrate. Sirmaur at Nahan.

(3.) To prove the charge against the accused, prosecution examined as many as 23 witnesses. The accused was examined under Section 313 Cr.P.C. wherein he admitted that he was a representative of the firm to book orders and was not authorised by the firm to collect the sale proceeds from any customer in any manner. He has further admitted taking of his specimen signatures. However, rest of the case of the prosecution has been denied by him. He has claimed to be innocent and that he has been falsely implicated in the case. The accused, however, did not lead any defence evidence. After appreciation of the material on record, the learned trial Magistrate found that the charge against the accused was not proved and accordingly acquitted him. Hence the present appeal.