Criminal Revision No.2182 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2182 of 2005. Date of Decision : 17.3.2011. Baljeet Singh ...... Petitioner Versus State of Haryana ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. L.S. Sidhu, Advocate, for the petitioner. Mr. Satyavir Yadav, DAG, Haryana, for the respondent-State. NAWAB SINGH J.(ORAL) This revision arises out of the following facts:- Baljeet Singh-Cashier-petitioner, Jai Parkash- Assistant Accountant, Phul Kumar-Assistant Accountant and Sahi Kumar-Manager were employees of the Chika Cooperative Marketing-cum-Processing Society Limited, Chika (hereinafter referred to as 'the Society') in the year 1995. Vide vouchers (Exhibits P-1 and P-3) amounts of Rs.12000/- and Rs.11,000/- were withdrawn under the signatures of Baljeet Singh-petitioner, Jai Parkash and Sahi Ram for paying fee to Phul Kumar for contesting cases filed by retrenched employees against the Society before Registrar Cooperative Society Haryana, Chandigarh and the High Court. Vide voucher (Exhibit P-2), an amount of Rs.4006/- was withdrawn under the signatures of the aforesaid three employees of the Society for making payment to Ram Dhari as salary for the month of March, 1995. Thus, the total amount withdrawn was Rs.27,006/-. In the year, 1997 Prem Chand-Inspector, Cooperative Society found that the amount was misappropriated by the aforesaid four employees of the Society. On his request, Ram Kumar Dahiya (PW-6) the then Assistant Registrar Cooperative Society, Kaithal made complaint Criminal Revision No.2182 of 2005 2 (Exhibit PW-7/A) to the Senior Superintendent of Police, Kaithal and on the basis of the same, First Information Report (Exhibit PW-5/A) was recorded by Lajja Ram, Assistant Sub-Inspector (PW-5). 2. On completion of investigation, Baljeet Singh, Jai Parkash, Phul Kumar and Sahi Ram were charged for offences punishable under Sections 408 and 120-B of Indian Penal Code and as they pleaded not guilty, they were brought to trial. 3. Prosecution in support of their case examined, Gurmail Singh, Assistant Manager (PW-1), Ram Dhari, Assistant Manager (PW-2), Ramphal, Assistant Accountant (PW-3), Roop Chand, Clerk (PW-4), Lajja Ram, Assistant Sub-Inspector (PW-5), Ram Kumar Dahiya, Assistant Registrar (PW-6) and Mahinder Pal Assistant Sub Inspector (PW-7). 4. In the statement recorded under Section 313 of Code of Criminal Procedure, the accused denied their complicity with the offence in question and pleaded innocence. 5. Judicial Magistrate First Class, Guhla by judgment of conviction dated October 20th, 2001 convicted all the accused under Sections 408 and 120-B of Indian Penal Code and by order of sentence dated October 22nd, 2001 sentenced them to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.500/- on both counts with default stipulation. The sentences were ordered to run concurrently. 6. Aggrieved of the same, the accused preferred appeals before Sessions Judge, Kaithal. By judgment dated November 23rd, 2005, Sessions Judge, Kaithal dismissed the appeal filed by Baljeet Singh-petitioner and acquitted the remaining three accused viz. Jai Parkash, Phul Kumar and Sahi Ram on the short ground that in the arbitration proceedings, these three employees of the Society were exonerated but Baljeet Singh did contest the proceedings before the Arbitrator. Hence, the present revision has been filed by Baljit Singh. 7. Learned counsel for the petitioner has assailed the judgments of the Courts below on the ground that from the evidence Criminal Revision No.2182 of 2005 3 led by the prosecution, it is proved to the hilt that petitioner did not withdraw the amount from the Bank and the entire record was countersigned by the Assistant Manager, Assistant Account and the Manager of the Society. This aspect was not at all taken into consideration by the Courts below. 8. It is not in dispute that vide vouchers (Exhibit P-1 and P-3), amounts of Rs.12,000/- and Rs.11,000/- were paid to Phul Kumar, Assistant Accountant of the Society who was co-accused of the petitioner as legal fee to contest the cases of retrenched employees before the Registrar Cooperative Society, Haryana and the High Court. Vide voucher (Exhibit P-2), an amount of Rs.4006/- was paid to Ram Dhari, Assistant Manager as salary for the month of March 1995. All these vouchers were signed by Baljeet Singh, Jai Parkash and Sahi Ram. 9. The allegations against the petitioner and his co- accused were that the amount withdrawn vide these vouchers was not paid to Phul Kumar and Ram Dhari because they have denied having received the said amount. 10. The question arising for consideration is: whether the afore-stated amounts were misappropriated by the petitioner ? 11. Vouchers of amounts of Rs.12,000/-, 11,000/- and 4006/- (Exhibits P-1, P-3 and P-2) were prepared on April 7th, 1995, July 15th, 1995 and June 7th, 1995 respectively. After preparing all these vouchers, the amount was withdrawn from the Cooperative Bank, Chika through cheques which were to be signed by the Manager and Phul Kumar, Assistant Account. An entry to this effect is reflected in the cash book of the Society (Exhibit P-9). Neither the amount was withdrawn under the signatures of the petitioner nor was he authorized to do so. The entries of the above referred amounts were made in the day book (Exhibits P-4 and P-8) against the name of Phul Kumar mentioning therein that the amount was paid as legal fee for contesting the cases of retrenched employees before the Registrar Cooperative Society, Haryana and the High Court. Under the head of salary to staff for the month of March, 1995, it has been Criminal Revision No.2182 of 2005 4 mentioned that an amount of Rs.4006/- was paid to Ram Dhari, Assistant Manager. In the cash book also, entries were made in the name of Phul Kumar and Ram Dhari. The day book (Exhibit P-4 and P-8) and the cash book (Exhibit P-9) were duly attested by Sahi Ram, Manager. Copy of the ledger (Exhibit P-8) also shows that amounts of Rs.12,000/- and Rs.11,000/- were paid to Phul Kumar on April 7th, 1995 and July 15th, 1995 respectively. All these entries were attested by Jai Parkash, Assistant Accountant and Sahi Ram, Manager. 12. The sum and substance of the aforesaid discussion is that the amounts were withdrawn by Manager of the Society from Central Cooperative Bank Chika after preparing vouchers (Exhibits P-1 to P-3) for making payment to Phul Kumar, Assistant Manager as legal fee for contesting the cases of retrenched employees before the Registrar Cooperative Societies and the High Court and to Ram Dhari as salary for the month of March, 1995. The vouchers were duly signed by the petitioner, Jai Parkash, Assistant Manager and Sahi Ram, Manager of the Society. The entries were duly reflected in the cash book and the ledger. Had the petitioner dishonestly intended to misappropriate the amounts, question of withdrawing amount by the Manager by issuing the cheques and making entries in the cash book and the ledger would not have arisen. 13. In view of above, this Court holds that the petitioner did not misappropriate the amount in question. The Courts below fell in error in convicting and sentencing the petitioner. Thus, the revision is accepted and the judgments and orders under challenge are set-aside. The petitioner is acquitted of the charges. (NAWAB SINGH) JUDGE 17.3.2011. SN