STATE OF H.P. Vs. CHANAN SINGH

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 29th February, 2000 passed by Sub Divisional Judicial Magistrate, Rampur Bushahr, District Shimla, HP, in case No. 220-2 of 1996 acquitting the accused of the charged offence under Section 408, IPC.

(2.) AS per the case of the prosecution, accused was employed as Salesman with Majholi Co-operative Society in the year 1982-83. As on 9.5.1997 he was having cash in hand of Rs.18,712/- which he failed to deposit with the Society. Consequently, Managing Committee of the Society vide Resolution (Ext.PW-1/C) made a complaint (Ext. PW-1/D) to the police and FIR (Ext.PW-9/A) with Police Station, Rampur was registered under Section 408, IPC against the accused. The police carried out the investigation and took into possession the account books of the complainant-Society and also the letter acknowledging the said amount, issued by the accused being Ext.PW-1/A. The challan was presented in the Court for trial and after complying with the provisions of Section 207, Cr.P.C. the accused was charged for an offence under Section 408 IPC, and he did not plead guilty and claimed trial.

(3.) AFTER examining the deposition of the witnesses, the Court below acquitted the accused for the charged offence on the ground that the prosecution failed to prove the case against the accused inasmuch as accused was never employed as Salesman by the complainant-society and no expert was examined to verify and certify the signatures of the accused on Ext.PW-1/A. Further the affairs of the Society had been wound up four years prior to the lodging of the complaint and the inspection was carried out much later.