D VENKATA RAO Vs. STATE

JUDGEMENT

(1.) This Revision is directed against the order of conviction and sentence passed against the petitioners convicting them for the offence under Section 409 of IPC and sentencing each of them to suffer RI for a period of 11/2 years and to pay a find of Rs. 1500/- and in default to suffer SI for a period of 3 months by the trial Court in its Judgment dated 18-7-1996 in C.C.No. 156 of 1991 as confirmed by the appellate Court in C.A. No. 122 of 1996 dated 7-4-1999 of course modifying the sentence of imprisonment from 112 years to one year while maintaining the sentence of fine.

(2.) Both the Revision Petitioners have been working as Junior Assistants and Herbarium Keeper respectively in D.R.G.G. College, Pentapadu. A society has been formed and registered under the provisions of A.P. Co-operative Societies Act (the Act, for brevity) in the name and style of 'D.R.G.G. College Employees' Co-operative Credit Society', Pentapadu (the Society, for brevity). The Revision Petitioners have been the President and Secretary of the said society respectively. The society was obtaining loan from the District Co-operative. Central Bank, Tadepalligudem branch so as to distribute the same to its members as loans and after collecting the loan amounts from the members repaying the debt to the District Co-operative Central Bank.

(3.) In due course of its business, Society advanced loans to its members after obtaining loan from the District Co-operative Central Bank, Tadepalligudem. The President and Secretary used to collect the loan instalments from the members. On 27-7-1989 on verification it was initially noticed that huge cash balance was pending with both the petitioners without remitting the same into the District. Co-operative Central Bank, Tadepalligudem. An enquiry was ordered in this regard by the competent authority from the Cooperative Department. P.W.2 who was deputed for conducting the enquiry under Section 51 of the Act conducted the enquiry into the accounts of the society. P.W.2 on verification of the cash book of the society found the cash balance lying without remittance to the Dist. Co-operative Central Bank. After completing the enquiry, he submitted his report, Ex.P-2 to P.W.I. Thereupon P.W.1 sent a report in Ex.P.l. to Pentapadu Police Station upon which P.W.5, the S.I. of Police registered a crime in Cr. No. 35 of 1990 and issued Ex.P-3, F.I.R. On his transfer, P.W.6, his successor, conducted further investigation and ultimately laid the charge sheet before the Court.