STATE OF RAJASTHAN Vs. RAMJAS RAI

JUDGEMENT

(1.) This appeal arises out of the judgment of the Sub-Divisional Magistrate, Raisingh Nagar dated Aug. 3rd, 1971, by which the learned Magistrate acquitted Ramjas Rai of the offences under sections 477-A and 408 Indian Penal Code

(2.) I have heard arguments and perused the record.

(3.) The prosecution case is that accused-respondent Ramjas Rai was the Secretary of Rai Singh Nagar Cooperative Marketing Society, Rai Singh Nagar for the years 1954 to 1958. On Sept. 10, 1956, 72 bags of wheat were sent for sale by the Samiti to the firm Doongarsidass Rambux of Ratangarh. A Hundi of Rs. 2,000.00 was drawn towards the sale proceeds and that Hundi was ancashed and the amount was deposited in the Samiti. The remaining amount of Rs. 448/6/9 were taken by witness Pooran Chand from the aforesaid firm upon a written authority given to him by Ramjas Rai, The accused-respondent debited the aforesaid amount of Rs 2,000.00to Pooran Chand fraudulently, while no entry of any account was made in respect of the aforesaid amount of Rs. 448/6/9. It is alleged that in this manner, the respondent Ramjas Rai misappropriated an amount of Rs. 2,448/6/9.