JASPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the above three revision petitions are disposed of by one single order as they arise in almost identical circumstances, with the distinction that the period of embezzlement is different in all the three cases.

(2.) M .L. Maheswari, Financial Manager of the Rajasthan Textile Mill, Bhawanimandi lodged three different F.T.Rs. on the basis of which three separate cases were registered against several accused persons and after investigation three different challans were filed in the court of Munsiff and Judicial Magistrate 1st class, Bhawanimandi. In all these cases the case of the prosecution is that cotton waste is produced while manufacturing cotton -yarn in the Mill. Accused Jaspal singh was incharge of cotton waste department and used to do the work of keeping and maintaining cotton waste under his charge. He used to send cotton waste after putting the same in gunny bags to the parties who used to place order for its purchase to the Mill. Jaspal Singh used to prepare railway receipt also. He used to prepare gate -pass for taking the cotton waste outside the mill gate and used to keep with him the stock register of cotton waste, railway receipt register and other records. The details of the modus operandi adopted by Jaspal Singh in doing embezzlement, have keen mentioned in the FIR and it has been alleged that he did not give the bilties of embezzled goods to the accounts department of the Mill and neither prepared bills of such goods nor credited the amount in the Mill. Most of these goods used to be sold through Ramurga Mishra broker who is absconding from Bhawanimandi and who was in conspiracy with Jaspal Singh.

(3.) CASE No. 332/77 relates to embezzlement of 1140 bags of cotton waste amounting to Rs. 95,000/ -from April 1, 1972 to March 31, 1973. In this case challan was filed against Jaspal Singh, Ramugra Mishra Jainarain Kalani and Behari Lal Sharma, Learned Munsiff and Judicial Magistrate discharged Jainarain Kalani and Beharilai by his order January I, 1979 and fixed the case for framing charge against Jaspal Singh on January 8, 1979. Subsequently Mr. Chamanlal Bajaj, Munsiff and Judicial Magistrate again heard the arguments regarding framing of charge against Jaspal Singh also. By order, dated April 29, 1982, he discharged the accused Jaspal Singh also. The State aggrieved against the aforesaid order filed a revision petition in the court of Sessions Judge, Jhalawad. Learned Sessions Judge, by his order, dated April 13, 1983 allowed the revision -petition, set aside the order of Munsiff and Judicial Magistrate, dated April 29, 1982 and remanded the case for trial to Judicial Magistrate at Jhalawad. Jaspal Singh has filed criminal revision petition No. 171/83, aggrieved against the order of learned Sessions Judge Jhalawad, dated 13, 1983.