DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the appellate judgment dated 23.6.92 made by learned Sessions Judge No. 1, Sri Ganganagar camp Sri Karanpur in criminal appeal No. 26/87 whereby the appeal of the petitioner was rejected and the conviction of the petitioner under Sec. 408 Penal Code was upheld as ordered by the learned trial court vide order dated 27.2.87.

(2.) Shri M.L. Garg, learned counsel appearing for the petitioner strenuously urged that they were two persons Devilal and Darshan Singh as Managers of the Co-operative Society 4BB Gram Sewa Sahkari Samiti during the period 1.7.76 to 16.11.76 and upon audit objection, it was found that during the said period, the cash balance was found short and, therefore, both these persons were charged under Sec. 408 Penal Code and the petitioner was charged for defalcation of Rs. 866.72. The other person Darshan Singh was charged with the offence of defalcation of Rs. 2950.11. He submitted that no case for conviction was made out and the petitioner deserves to be acquitted. In support of the argument, learned counsel for the petitioner relied upon the judgment of this Court in Ram Kishan Vs. State of Rajasthan reported in 1991 RCC page 277 .

(3.) As against this, learned Public Prosecutor strongly supported the concurrent orders of conviction passed by the two courts below and submitted that the petitioner was admittedly working as Manager during the said period and, therefore, the Manager having the responsibilities of having cash issuing receipts and depositing the amount in bank, could only be the person responsible for shortage of cash.