- (1.) Petitioner-Tara Chand son of Fateh Chand, resident of House No.3, Vikas Colony, Kaimri Road, Hisar has filed the present petition under Section 482 CrPC impugning the order dated 17.2.2014 passed by learned Judicial Magistrate Ist Class, Hisar (Annexure P-1), whereby the complaint filed by the petitioner under Sections 409/218/467/468/471/120-B IPC was dismissed, as well as order dated 29.10.2015 passed by learned Sessions Judge, Hisar (Annexure P-2), whereby the revision petition filed against the aforesaid order dated 17.2.2014 has also been dismissed.
(2.) Briefly stated, the petitioner-complainant who is retired draftsman from PWD(B&R) department had filed a complaint alleging therein that the accused-respondents had embezzled the diesel amounting to Rs.75,071/- from 13.5.2009 till 31.5.2011 and they had prepared false record. It has been alleged in the complaint that respondent no.2 was allotted a government jeep bearing No.HR-20R-5901 for the period from 13.9.2009 till 31.5.2011 for performing the government works. Respondent No.1 - Raghunath was posted as driver of the said jeep. The log-book of the said jeep was to be maintained by respondent no.2. The tank of the jeep had a capacity of 65 litres.
(3.) It was alleged that the accused persons had fraudulently filled up the log book by showing the balance diesel above the limit of 65 litres in the said jeep. There were irregularities in maintaining the log book. The log book was not regularly filled up and the same was prepared afterwards in pursuance of the criminal conspiracy by the accused persons. Complainant examined PW-1 Krishan Kumar, Clerk working in the office of XEN and PW-2 Ved Parkash, Divisional Accountant. The complaint was sent for further enquiry under Section 202 CrPC vide order dated 6.4.2013 and report was received in the trial Court on 30.5.2013. Learned Magistrate dismissed the complaint vide order dated 17.2.2014 observing as under:- "6. On perusing the Log Book Ex.P2, it is clear that the balance of oil was shown in column No.8 of the Log Book by measuring the same through an assumed milage rate of 12 Km. per litre. The said fact has further been corroborated by the report submitted by the investigating agency under Section 202 Cr.P.C. As per the report, the driver of the government jeep was made responsible for the milage of the jeep by putting responsibility upon him to give account of the oil as per the milage of 12 Km per litre. I have started perusing the Log Book Ex.P2 from its very inception i.e. from 13.05.2009. As per the Log Book, the initial fuel in the oil tank was shown nil and a fuel of 69 litres was filled up in the Jeep. On 13.05.2009, the said jeep was stated to have travelled 285 Km. and by applying the assumed milage of 12 Km per litre, the consumption was shown as 24 litres and balance fuel was shown as 45 litres. On the next date of traveling i.e. 15.05.2009, the entry of fuel in tank was taken from the previous entry of balance shown in the previous column and a fresh balance in the oil tank is calculated by assuming its milage as 12 Km. per litre. Therefore, the main contention of the learned counsel for the complainant that the balance of fuel was shown as 1728 litres on 28.03.2009 in the oil tank i.e. above the capacity of the oil tank, is having no merits as the said balance was not shown on physical verification but only by applying the assumed milage @ 12 Km per litre. Therefore, the possibility that the alleged government jeep was not giving the assumed milage of 12 Km per litre and might have been giving some lower milage cannot be ruled out. The complainant had never proved or pleaded that the entries shown in column No.2 and 3 with regard to the place and time of departure and with regard to the place of inspection has wrongly been mentioned. He has not brought any record that the concerned officials had not travelled/visited those places on the given date and had filled up the Log Book only for embezzling the amount for oil consumed during those travelling. His whole case is based upon the fact that a balance of 2033 litres was shown in the oil tank of the government jeep while his capacity is only 65 litres. As above discussed the said balance was not shown as per the physical verification, but by calculating the deficit by applying the assumed milage at @ 12 km per litre. On perusal of the Log Book Ex.P2, it is also clear that the officials of the rank of XEN, SDE of Hisar Range as well as of Jind region used to travel in the alleged government jeep by making the respective entries with regard to their travelling. On perusing the inquiry report under Section 202 Cr.P.C., it has come to my notice that the alleged jeep bearing No.HR-20R-5901 was used in the government work and the same was giving a lower milage @ 10 Km per litre for the reason of its ill-maintenance. The department has already initiated the recovery proceedings against the responsible driver Raghunath (accused No.1) for the deficiency due to higher consumption of the fuel in the said jeep as he was made responsible to make account of the consumption of the fuel @ 12 km. per litre. The amount of Rs.48,000/- has stated to have already been recovered from the driver Raghunath (accused no.1).";