STATE OF PUNJAB Vs. BABU LAL

JUDGEMENT

(1.) WHILE posted as Sub Postmaster in Post Office, Ramsara of Ferozepur district, accused-respondent Babu Lal is said to have embezzled a sum of Rs. 18,700/- from three Saving Bank Account Nos. 990323, 990329 and 990330 in the Post Office in the name of Om Parkash PW2, Chuni Lal PW3 and Harjit Kaur PW1 respectively during the period June, 1983 to 2nd April, 1984. Since the prosecution against the accused respondent was launched before the learned trial court in criminal case Nos. 63/2 on 23rd July, 1985 without obtaining sanction for prosecuting him, learned trial Court acquitted him on 30th January, 1989.

(2.) STATE of Punjab has filed Criminal Appeal No. 401-DBA of 1989 against the acquittal of accused-respondent aforesaid. Leave to appeal was granted by a Division Bench of this Court on 18th September, 1989.

(3.) OUT of the amount of Rs. 18,700/- allegedly embezzled by respondent-accused a sum of Rs. 5,000/- was deposited by him in Post Office, Abohar, on 23rd May, 1984. Another amount of Rs. 3,000/- was deposited by the accused in Abohar Branch of the same Post Office on 8th May, 1984. For the balance amount of Rs. 10,700/- respondent-accused has produced in court Demand Draft No. OLA 15475360 dated 24th April, 1990 drawn by the Sector 17, Chandigarh Branch of the State Bank of India in the name of Postmaster on their Abohar Branch. The entire amount allegedly embezzled by respondent-accused has thus been duly paid back by him to the concerned Branch of the Post Office at Abohar. Registry would despatch the Demand Draft aforesaid to the Postmaster, Abohar, by registered post acknowledgement due.