[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION APPEAL NO.305 OF 1992 The State of Maharashtra ]..Appellant Vs. Rameshchandra Lallubhai ] Parmar, Residing at ] Ingale Colony, Shiwane, ] Taluka Haveli Dist.Pune. ]..Respondent [Ori.Accused] .... Ms.S.D.Shinde APP for the Appellant None for Respondent .... CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE DATE DATE : APRIL 15, 2008 : APRIL 15, 2008 : APRIL 15, 2008 ORAL JUDGMENT [PER SMT.V.K.TAHILRAMANI,J.]: ORAL JUDGMENT [PER SMT.V.K.TAHILRAMANI,J.]: ORAL JUDGMENT [PER SMT.V.K.TAHILRAMANI,J.]: 1. Heard the learned APP for the Appellant-State. 2. The Appellant-State of Maharashtra has preferred this appeal for enhancement of sentence imposed upon the Respondent-accused by judgment and order dated 9th April, 1992 passed by the learned Judicial Magistrate F.C. (Anti-Corruption) Court Pune in RCC No.822 of 1985. By the said judgment and order, the learned Judicial Magistrate F.C. convicted the Respondent under Sections 409 and 468 [-2-] of IPC and sentenced him to suffer S.I for 7 days and pay a fine of Rs.300/- i/d S.I. for three months. 3. The prosecution case briefly stated is as under: . The Respondent-accused at the relevant time was Branch Manager of Bank of India, Uttamnagar Branch. The Respondent encashed some cheques of the customers of the Bank without passing of cheques and getting withdrawal slips from the account holders. In this way, the Respondent misappropriated Rs.18,000/- and cheated the Bank to the tune of Rs.7,000/-. After the investigation, charge sheet came to be filed. 4. Charge came to be framed against the Respondent-accused for the offence under Sections 409 and 468 of IPC. The accused pleaded guilty to the said charge. The accused submitted that he was terminated from his service in the Bank and he is facing trial since 1985. He had deposited all the amounts that he had misappropriated back in the bank. Hence, he pleaded that the imprisonment may [-3-] be reduced to the period already undergone by him. 5. We have perused the record in the present case and we find that the offence pertains to the year 1983 and case is of the year 1985. Today 25 years have elapsed since commission of the offence. The loss suffered by the Bank was only Rs.7,000/-. The said loss was temporary in nature. The Respondent has deposited the entire amount that he had misappropriated i.e. Rs.18,000/- back in the bank. Looking to the fact that Respondent had pleaded guilty to the said charge and misappropriation was of temporary nature as the amount was subsequently deposited by the Respondent as well as looking to the fact that there was no permanent loss to any of the banks, and the amount involved was only Rs.7,000/-, we are of the opinion that it is not a fit case to enhance the sentence imposed on the Respondent-accused. Hence, appeal is dismissed. [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.]