G SOUNDARARAJAN Vs. K VIJAYAKUMAR

JUDGEMENT

(1.) THIS Criminal Revision Petition has been preferred against the acquittal recorded by the Additional District Judge / Fast Track Court, Namakkal in favour of the first respondent herein, who was the Secretary of Pattanam Kongu Primary Agricultural Co-operative Bank, Pattanam, Rasipuram Taluk.

(2.) THE petitioners 1 and 2 herein are members of the aforesaid agricultural Co-operative Bank, Pattanam, who were examined as P.Ws.2 and 5 respectively before the trial court. THE trial court, namely, Judicial Magistrate, Rasipuram, had found the first respondent guilty and thereby convicted him under Sections 408, 467, 471 and 477A IPC and sentenced him to undergo one year RI and also to pay a fine of Rs.1,000/- for each of the offence under the aforesaid sections. Aggrieved by which, the first respondent / accused preferred appeal. THE appellate court allowed the appeal and thereby set aside the conviction and sentence imposed on the first respondent / accused and recorded acquittal. Against the Judgment of acquittal recorded by the appellate court, this criminal revision has been preferred.

(3.) IT has been alleged that between 14.02.1990 and 02.03.1990, the accused withdrew a sum of Rs.6,000/- from the S.B.Account of witness P.K.Mani (second petitioner herein), who had insufficient funds in his account, by making false entries and using withdrawal slips. Between 29.11.1989 and 20.01.1990, the accused misappropriated a sum of Rs.4,660/- out of Rs.7,350/- drawn from the account of witness Pappathi, by effecting false entries and making use of withdrawal slips purported to have been drawn by the said witness Pappathi.