IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 466 of 2004 Narottam Lal Verma S/o Komil Prasad Verma R/o Shiv Colony, Khatima, District Udham Singh Nagar. ...…………. Petitioner Versus 1. State of Uttaranchal. 2. J.S. Adhikari Asstt. Development Officer Co-operative Development Block Rudrapur, Distt. Udham Singh Nagar. ...…………. Respondents Mr. S.K. Mandal, Advocate for the petitioner. Mrs. Mamta Bisht, A.G.A. for respondent No. 1 / State. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 238 of 2004; State Vs. Narottam Lal Verma, relating to offence punishable under Section 409 of I.P.C., pending in the court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 2 2) Heard learned counsel for the parties. 3) Brief facts of the case are that the petitioner was a Secretary of Western Rudrapur Kisan Cooperative Society. He worked in said capacity from 10.09.1999 to 02.11.2000, when he was placed under suspension. In the capacity of Secretary of said Cooperative Society, the petitioner had to collect certain sums regarding the business of the Society, which he was required to deposit under the proper head of the Society. The allegation against the petitioner was that on 29.06.2000, on checking, the cash was found short by Rs. 20,000/- when compared with the cash book. Similarly, on 30.06.2000, Rs. 28,000/- were found short in the cash chest. Apart from this, out of the amount received by the petitioner after sale of fertilizers to the farmers, he failed to deposit Rs. 70,610/- in the proper head, which he allegedly misappropriated. A first information report was lodged against the petitioner on 14.05.2002, relating to offence punishable under Section 409 of I.P.C., which was registered as Crime No. 424 of 2002, with the police station Rudrapur. After investigation, charge sheet appears to have been filed against the petitioner. 4) Learned counsel for the petitioner submitted that though the petitioner worked as Secretary of Western Rudrapur Kisan Cooperative Society from 10.09.1999 to 02.11.2000, there is no embezzlement committed by him. It is pleaded that whatever amount was found short, was deposited. It is also pleaded that the amount received by 3 sale of fertilizers was infact deposited in another head of the Society, and the petitioner at no point of time made any wrongful gain by not making the deposits in the proper head, nor the Society suffered any loss. 5) The defences taken by the petitioner are factual in nature and can be better appreciated by the trial court after recording of evidence. This Court in its jurisdiction under Section 482 of Cr.P.C. cannot examine the correctness of the factual defences taken by the petitioner. As far as the entrustment of money to the petitioner is concerned, there does not appear to be any dispute on that point. What has been pleaded by the petitioner in substance is that there was no dishonest intention on his part in depositing the amount in proper head after some delay which was beyond the control of the petitioner. It is also pleaded that the petitioner could not have been prosecuted without sanction under Section 197 of Cr.P.C., obtained from the State. 6) Having considered submissions of learned counsel for the parties and after going through the papers on record, this Court is of the view that the factual defences raised by the petitioner can be taken by him before the trial court. He can also take the plea of Section 197 of Cr.P.C., if applicable to him. 7) With the above observations, this petition under Section 482 of Cr.P.C. is dismissed without expressing any opinion as to the final merits of the case, pending 4 before the trial court. It is also provided that if the petitioner surrenders before the court concerned, and moves application for bail, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt. April 29, 2010. H. Negi