ABDUL HAQ ANSARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ali the aforesaid four criminal revisions may be disposed of by a common order as common question of law and facts are involved in the same.

(2.) The Depot Manager, R.S.R.T.C. Kota, Shri Satya Narain Sharma made a report at Police Station, Nayapura, Kota on 2.5.87. On this report Crime No. 138/87 was registered under Sec. 409 I.P.C. In the report, the allegation was against Sohan Lai, Booking Clerk to have embezzled a sum of Rs. 3,08,900.00 by selling tickets. The petitioner was Store Clerk at the relevant time. The matter was investigated by the police and after completion of investigation four charge-sheets were filed in the Court of Chief Judicial Magistrate, Kola on 6.12.88 under sections-409, 120B and 109 Penal Code against Sohan Lal, Jagdish Narain, Bal Mukand, Ram Avtar and the petitioner. The petitioner was impleaded as an accused on the ground that he did not physically verify the challans and the available tickets with the Booking Clerk Sohan Lal before issuing tickets to him from the store and by this omission on his part Sohan Lal succeeded in obtaining the tickets from the store and thereafter in embezzling the amount by selling the said tickets without showing in the stock register and without depositing the amount.

(3.) In Criminal Revision No. 173/94, the period of embezzlement is 1.1.86 to 31.12.86 and the amount embezzled by Booking Clerk Sohan Lal is Rs. 2,62,790.00. In Criminal Revision No. 174/94, the period of embezzlement is 1.1.84 to 31.12.84 and the amount embezzled by Sohan Lal is 1,71,097.30. In Criminal Revision No. 176/94, the period of embezzlement is 1.1.85 to 31.12.85 and the amount embezzled by Booking-Clerk Sohan Lal is Rs. 2,74,946.50. In revision No. 178/94 the period of embezzlement is 1.1.87 to 12.6.87 and the amount embezzled by Sohan Lal, Booking Clerk is Rs. 40,697.50.