Crl.Rev.No.1612 of 2001 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1612 of 2001 Date of Decision: 4 - 3 - 2009 Palwinder Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: None for the petitioner. Mr.A.S.Brar, DAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc. No.44124 of 2001 filed for condonation of delay reveal that petitioner was taken into custody on 3.10.2000 after dismissal of appeal and was sent to jail. On next date, petitioner was released from jail on the ground that remissions have been ordered by State of Punjab and he has completed the entire sentence. The present revision petition was filed after delay of 144 days. The delay was not condoned. However, revision petition was admitted. Therefore, this Court will proceed to decide the revision petition in view of provisions of Section 403 Cr.P.C.. Section 403 Cr.P.C. read as under:- “403. Option of Court to hear parties.- Save as Crl.Rev.No.1612 of 2001 [2] otherwise expressly provided by this Code, no party has any right to be heard either personally or by the pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.” Petitioner was tried in case FIR No.43 dated 13.2.1987 registered at Police Station Lopoke under Section 408 IPC. The case of the prosecution against petitioner Palwinder Singh was that in the year 1984-85, his co-accused Sawarn Lal was posted as Salesman in the Chogawan Co- operative Agricultural Service Society (hereinafter to be referred as, `the Society'). Petitioner Palwinder Singh at that time was posted as Secretary of the Society. On 15.2.1986 stocks of the Society regarding fertilizer and pesticides etc. were physically verified by Sarabjit Singh, Inspector PW-8 and Balbir Singh, Sub Inspector PW-9. Shortage to the tune of Rs.1,73,145/- was found. It was construed that there was misappropriation of the amount. 16 witnesses were examined by the prosecution. The Court of Sub Divisional Judicial Magistrate, Ajnala held that charges are fully established from the record against the petitioner. The evidence and the documents were taken into consideration by the trial Court. After appreciating them, findings of guilt have been returned. Petitioner Palwinder Singh was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- and in default of payment of fine to undergo further rigorous imprisonment for three months. Aggrieved against the same, an appeal was filed. The Appellate Court concurred with the findings of the trial Court and held that ingredients of Crl.Rev.No.1612 of 2001 [3] offence under Section 408 IPC are made out. Appellate Court had placed reliance on the statement of PW-4 Sohan Singh, President of the Society and held that petitioner was legally bound to maintain the records. However, the Appellate Court maintained the conviction and sentence. As stated earlier, the petitioner has undergone his sentence in view of the remissions granted by the State of Punjab. I have perused the records. I find no infirmity in the judgments of two Courts below. Therefore, no interference is warranted. The present revision petition is dismissed. ( KANWALJIT SINGH AHLUWALIA ) March 4, 2009. JUDGE RC