- (1.) The challenge in this Criminal Revision is to the judgment and order dated 28.07.2006 passed by the Additional District and Sessions Judge, Court No. 5, Hardoi in Criminal Appeal No. 14 of 2005 (Parshuram Verma vs. State of U.P.) in Crime No. 278 of 1987 confirming the judgment and order dated 16.03.2005 of the Trial Court whereby the revisionist was convicted and awarded sentence of three years rigorous imprisonment and also fine of Rs. 5,000/- only under Section 409 IPC and in case of default of payment of fine to undergo further one month rigorous imprisonment.
(2.) The first information report dated 21.08.1987 was lodged by Sri R.L.Yadav, Director, U.P. Bhulekh Prakshikshan Sansthan, District Hardoi under Sections 409/420 IPC.
(3.) The brief facts of the case are that one R.L. Yadav, Director, U.P. Training Institution of Survey and Land Record, Hardoi lodged a report on 21.08.1987 at Police Station Kotwali Shahar, Hardoi against the revisionist stating therein that while the respondent was posted as Senior Head Clerk in his office who was looking after the work relating to cash transaction and also used to keep cash of the institution in his custody, had committed financial irregularities from April, 1986 to February, 1987, details of which were to the effect that he had drawn an amount of bill of Rs. 12/- and Rs.1077.50 of M/s Jain School Book Dipo from the treasury on 11.04.1986 and 13.10.1986 respectively and shown to have been distributed on the same day, while in fact it was not distributed to the firm. He had further kept Rs. 152/- in his use, which was drawn from the bank for payment through Electronic House, Hardoi. Further, Rs. 122/- were also drawn from the bank on 10.02.1987 as T.A. bill and shown to have been distributed on the same day, while in fact the same was not received by the concerned person, namely, M.P. Srivastava as is clear from his application dated 19.08.1987. On this complaint, the revisionist sent a peon to the house of M.P. Srivastava on 24.06.198 and obtained receipt of Rs. 172/-. Thus, he kept that amount in his custody. On 08.11.1986 the revisionist had drawn an amount of Rs. 28.75/- as T.A. bill of Umashanker, Waterman and it was shown to have been distributed in the cash book on the same day, but in fact the same was not paid to him. Thereafter, on 08.10.1986, Rs. 300.50/- as T.A. bill was drawn though treasury and shown to have been distributed on the same day, while there is no signature on the office copy of the bill. Further on 23.07.1987 surprise checking of cash maintained by the revisionist was done, in which Rs. 2650/- was found from his possession while according to cash book it should have been Rs. 2912.57/-. Thus, there was shortage of Rs. 262.75/-. Further, the revisionist from Kanoongo Trainees for club fund received Rs. 5632/- from 01.01.1987 to 19.01.1987, but he deposited Rs. 1500/- only in the bank on 03.02.1987. Thereafter, he was ordered that he may deposit remaining amount till 14.02.1987, but he deposited the remaining amount on 23.02.1987.;