MANOHAR KACHHAP Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anurag Kashyap, learned counsel appearing for the petitioner and learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 21.11.2005 passed by the learned 1st Additional Sessions Judge, Garhwa in Criminal Appeal No. 55 of 1998 whereby and where under the judgment and order of conviction and sentence dated 24.04.1998 passed by the learned Judicial Magistrate, 1st Class, Garhwa in C.G. Case No. 2 of 1992 convicting the petitioner for the offence under Sections 409 and 420 of the Indian Penal Code and sentencing him to simple imprisonment for one year under each of the Sections has been affirmed.

(3.) The prosecution story in brief is that the petitioner was appointed as an agent of Unit No. 108 (Dadar Fari) in the year 1990 to collect and hand over Kendu Leaves to the Forest Development Corporation on the basis of commission. The petitioner had received Rs. 30,000/- through four cheques. It is alleged that he collected and handed over Kendu Leaves worth Rs. 12,350.70/- and did not hand over Kendu Leaves for the rest amount of Rs. 17,649.30/- nor did deposit the balance amount. It was alleged that the petitioner had converted the said amount for his own gain.