BRIJ LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the accused petitioner against the judgment dated 25. 4. 88, passed by the learned Additional Sessions Judge, Raisingh Nagar by which the learned Additional Sessions Judge affirmed the judgment and order dated 25. 4. 84 passed by the learned Additional Chief Judicial Magistrate, Rai Singh Nagar in Criminal Case No. 476/80 whereby the learned Additional Chief Judicial Magistrate convicted the accused petitioner for offence under Sec. 408 I. P. C. and sentenced him as under:- OFFENCE UNDER SECTION SENTENCE AWARDED 408 I. P. C. 18 Months' R. I. and a fine of Rs. 4000/- in default to further undergo 9 months R. I.

(2.) IT arises in the following circumstances: (i) On 22. 3. 78, P. W. 9 V. V. Dixit Executive Officer, Sri Ganganagar Central Sahkari Bank Ltd. Lodged a written report Ex. P/12 before Police Station Gajsinghpur to the effect that in the year 1974-75 and from 1. 7. 75 to 19. 4. 76, special audit was done by P. W. 7 K. N. Joshi and it was found that the present accused petitioner misappropriated Rs. 3150/- on 4. 8. 75 and that amount was taken by the accused petitioner in the capacity as Manager of the Kraya Vikraya Sahkari Samiti and the amount was deposited by two persons, namely Karnail Singh P. W. 1 and Kishan Singh. The audit report is Ex. P/10.

(3.) AGAINST the judgment and order dated 25. 4. 84 passed by the learned Magistrate, the accused petitioner preferred an appeal before the learned Additional Sessions Judge, Rai Singh Nagar and the learned Additional Sessions Judge, Raisingh Nagar vide judgment dt. 25. 4. 88 dismissed the appeal filed by the accused petitioner.