MADAN MOHAN SHARMA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal revision petition, the accused petitioner has sought to challenge the judgment dated 25.05.1989 whereby the learned Chief Judicial Magistrate, Jhalawar had convicted him for the offence under Section 409 IPC and sentenced for 4 years R.I. and fine of Rs. 2,000/- in default of which to further undergo 1 month R.I.

(2.) Being aggrieved of the said order the accused petitioner preferred an appeal which came to be dismissed by the Additional Sessions Judge Jhalawar on 01.12.1994, by which he affirmed the conviction and sentence awarded by the learned Magistrate.

(3.) The relevant facts of the case are that a complaint came to be lodged by Divisional Forest Officer, Jhalawar on 28.09.1976. It was averred in the complaint that the accused-petitioner was working on the post of cashier in the office of Divisional Forest Officer in the year 1971. His work was to maintain the cash book. The petitioner had on 31.07.1971 received an amount of Rs. 3953.75, from Post Office Jhalawar which was of the National Savings Certificates of two contractors namely, Pana Chand and Devi Lal. The said savings certificates had been kept with Divisional Forest Officer, Jhalawar and the amount had been fortified. Therefore, the amount was received by the accused petitioner from the post office and by his own hand, he made an entry in the cash book at item nos. 149 and 150. Thereafter the said amount was shown by the accused-petitioner at item no. 24 dated 02.68.1971, to have been deposited through challan of the State Bank of Bikaner and Jaipur, Branch Jhalawar. Subsequently, on verification it was found that the amount was neither deposited in the Bank nor there was any entry of it in the treasury. Therefore, the accused-petitioner had not deposited the amount in the Bank and committed criminal breach of trust.