H .K.SANDHU,J - (1.) Baljit Rai who worked as a Secretary of Cooperative Agricultural Service Society, Ajitwal was charged for an offence under Section 408 for the embezzlement of an amount of Rs. 14,699.99 paise. He was held guilty by Judicial Magistrate Ist Class, Moga and vide dated 25.11.1985 was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/ -. Aggrieved by This Baljit Rai filed an appeal which was partly accepted by the learned Sessions Judge, Faridkot and sentence of imprisonment awarded to him was reduced to a period of one year. The sentence of fine was relined. Baljit Rai has filed the present revision petition assailing his conviction and sentence.
(2.) THE prosecution case against the Petitioner, in brief, was that on 20th June, 1974 Sub Inspector Audit, Cooperative Societies, Moga, namely, Shri Piare Lal checked the cash book of the Society of which the Petitioner was a Secretary and found that a sum of Rs. 28,458.05 was shown as balance in cash and This amount was outstanding in the name of the Petitioner. He was asked to produce the cash for physical checking but he refused to produce the same. His signatures were obtained in the cash book. Piare Lal submitted his audit Report and on the basis of application Ex. PA of the Inspector Cooperative Societies, Kokri Kalan, case was regIstered against the Petitioner. Later on an amount of Rs. 14,000/ - was found to have been already deposited with the Society. thus, the Petitioner was charge -sheet for criminal breach of trust in respect of the remaining amount.
(3.) I have heard Mr. Bipan Ghai, the learned Counsel for the Petitioner and Mr. M.R. Sidhu, the learned Deputy Advocate General, Punjab, for the Respondent. At the time of arguments the learned Counsel for the Petitioner did not assail conviction of the Petitioner before me. He simply contended that the case related to the year 1972 -73. Audit Report was submitted on 11.3.1974, yet no case was go registered against the Petitioner promptly and it was only after a period of seven years of the submission of the audit Report that the case was registered against the Petitioner. The alleged embezzlement took place about 20 years back and since then the Petitioner is undergoing physical harassment and mental agony. He further referred to, a report mark 'A' which shows that during arbitration proceedings the Assistant RegIstrar, Cooperative Societies who was appointed as Arbitrator found that disputed amount of Rs. 21,000/ - shown to be due from Baljit Rai was incorrect and he was liable to pay only Rs. 6469.89. He therefore, dropped the arbitration proceedings against the Petitioner with respect to Rs. 21,000/ -. In view of these circumstances it was prayed that it will be expedient in the interest of justice if the Petitioner is not sent to jail, at this stage and is released on probation, more so, when no amount was outstanding against him at present. Keeping in view the circumstances of the case. I accept this contention of the learned Counsel. The alleged embezzlement related to the year 1973 -74. Arbitration proceedings were also taken against the Petitioner with respect to misappropriation of that amount, but he was found only partly liable for that misappropriation the rest of the claim against him was found to be false. He has faced his protracted litigation and I feel that ends of justice will be me, if the Petitioner is released on probation. I, therefore, maintain the conviction of the Petitioner but direct that he be released on probation on his entering into a personal bond in the sum of Rs. 5000/ - with one surety in the like amount for a period of one year undertaking to appear and receive sentence as and when called upon during This period and in the meantime to keep peace and be of good behaviour.;