RAJENDRA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision under Sec. 397/401 of the Code of Criminal Procedure is directed against the order dtd. 29/10/2002 passed by the Chief Judicial Magistrate, Nagaur framing charges against the petitioner for offence under Sec. 409 I.P.C.

(2.) Briefly stated the facts of the case are that the District Transport Officer, Nagaur a First Information Report at Police Station alleging inter alia that petitioner herein while functioning as Cashier during the period 1/4/1985 to 31/3/1986, out of the revenue collection did not deposit Rs.23,857.37 and thereby embezzled the said amount. On this information police registered a case for offence under Sec. 406 and 409 IPC and proceeded with investigation. Police found that on certain occasions, petitioner could not deposit the amount due to over-work but the said amount was deposited before the FIR was lodged. Police forwarded the Final Report to the Court in favour of the petitioner. However, learned Magistrate took cognizance against the petitioner for offence under Sec. 409 I.P.C.

(3.) I have carefully gone through the Final Report forwarded by the police running in 11 pages. It was found that due to levy of one time tax, there was heavy burden of work on the Cashier and this led to certain clerical mistakes on different occasions. Whenever the shortage was found on verification, petitioner himself subsequently deposited the said amount. Thus, in the opinion of the police, it was a case of temporary detention of amount which does not constitute an offence under Sec. 409 I.P.C.