STATE OF SIKKIM Vs. RAM NARESH SINGH

JUDGEMENT

(1.) This is an appeal against the Judgment dated 8th July, 1928 of the learned Judicial Magistrate, East SikkimT Gangtok acquitting the accused-respondent, Ram Naresh Singh under section 408 of the; Indian Penal Code.

(2.) A case under section 408 of the Indian Penal Code was registered against the respondent Ram Naresh Singh on a complaint dated 14th August, 1980 lodged by Shri A.K. Chettri, Executive Officer. Sikkim Khadi and Village Industries Board, Gangtok. After investigating into the case, the police filed a charge sheet to the effect that in the year 1976.77 a grant of Rs. 29,000/- was given to the Sikkim Khadi and Village Industries Board for installation of five Gobar Gas Plants in Sikkim and in order to implement that scheme, the respondent Shri Ram Naresh Singh, an Internal Auditor, was entrusted with the job of purchasing materials subject to the submission of detailed account on the completion of the scheme. The charge sheet further stated that as per the entrustment, the respondent personally withdrew three cheques and one Shri D C. Pradhan withdrew two cheques and thus a total amount of Rs. 21,000/-was withdrawn but the accused submitted account of expenditure only for Rs. 14, 831.86 and failed to submit expenditure account for the balance amount of Rs. 6,168.14 and thus he misappropriated that much of money and converted the same to his own use.

(3.) A charge under section 408, IPC, was framed against the accused. After trial the learned Magistrate found the prosecution case not proved and so acquitted the respondent.