STATE OF HARYANA Vs. NAWABUDDIN KHAN

JUDGEMENT

(1.) This is an appeal filed by the State of Haryana against the judgement of the learned Additional Sessions Judge, Sonepat dated 4-1-1991 vide which he set aside the judgment dated 3-5-1990 and the order dated 4-5-1990 of the Chief Judicial Magistrate, Sonepat vide which accused Nawabuddin Khan, respondent in this appeal (hereinafter called the 'respondent) was convicted under S. 408 of the IPC and was sentenced to undergo three years rigorous imprisonment and a fine of Rs. 500/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for three months.

(2.) Brief facts taken out from the judgment of the lower appellate Court are that respondent Nawabuddin Khan was employed as a Salesman in the stores of various branches of Sonepat Central Consumer store, Sonepat. Charge was taken by him of the goods worth Rs: 91,690.52p. from the Store Keeper of the said Store on 29-6-1982 and thereafter, he was supplied the goods from time to time to be sold in the said store. During the period from 21-1-1982 to 21-9-1984, his total liability was Rs. 2,92,238/- as the goods of the value of the above mentioned amount were entrusted to him for sale but he deposited only Rs. 1,38,752.89 p. and embezzled the goods of the value of Rs. 1,53,485.11 p.

(3.) The Assistant Registrar, Co-operative Societies, Sonepat sent a written complaint dated 6-51985 to the Police Station City, Sonepat through the Superintendent of Police, Sonepat on the basis of which present case was registered against the accused u/S. 408, IPC for having embezzled a sum of Rs. 1,53,485.11 p. being the price of the goods supplied to him during the period he remained posted as a Salesman in the said store.