IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2044 of 2005 Date of Decision 17.12.2010 Ranbir Singh ...... Petitioner VERSUS State of Punjab ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Ashima Mor, Advocate, as Amicus Curiae, for the petitioner. Mr.Amit Chaudhary, Asstt. Advocate General, Punjab, for the respondent-State. ***** A.N.JINDAL, J: This petition is directed against the judgment dated 08.10.2005, passed by the Appellate Court, dismissing the appeal against the judgment dated 14.01.2003, passed by Judicial Magistrate Ist Class, Fatehgarh Sahib, convicting and sentencing the petitioner-accused (herein referred as 'the petitioner') to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/- under Section 408 IPC. The allegations against the petitioner are that he while working as a salesman in Hawara Kalan Cooperative Agricultural Services Society Ltd., had misappropriated an amount of Rs.61,414. 67 paise which he had recovered from the members of the said Society but did not make any entry in the pass books of the said society. Having scrutinized the impugned judgment, it transpires that sufficient evidence has been led in order to establish the charge against the petitioner. The evidence, on the basis of which findings of fact have been Criminal Revision No.2044 of 2005 -2- returned by the Courts below, appears to have been appreciated in the right perspective. The witnesses have duly identified the petitioner as well as his signatures on the pass book which has been proved through document expert. Mere fact that the said amount was deposited during trial is hardly sufficient to exonerate him from the offence. No such illegality much less irregularity or perversity has been pointed out in the conduct of the trial or procedure which may result into miscarriage of justice or cause any prejudice to the petitioner, therefore, these findings, do not call for any interference at this revisional stage. No grounds to interfere. Dismissed. (A.N.Jindal) Judge 17.12.2010 mamta-II