Kanwaljit Singh Ahluwalia, J. - (1.) GURCHARAN Singh son of Santa Singh and Hardev Singh son of Harchand Singh both are convicted by the Court of Judicial Magistrate 1st Class, Ludhiana on 21.05.1994 under Section 408 IPC to undergo simple imprisonment for two years with a fine of Rs. 1000/ - each and in default thereof to undergo further simple imprisonment for 15 days.
(2.) AGGRIEVED against the same, they filed an appeal, which was allowed by the Court of Sessions Judge, Ludhiana, who acquitted accused respondents Gurcharan Singh and Hardev Singh. Present revision petition has been filed by complainant -Ravi Dass Cooperative House Building Society Limited, Ucha Pind, Sunet through its President Baldev Singh, impugning the above said order of acquittal rendered by Sessions Judge, Ludhiana.
(3.) PROSECUTION case in brief is that three persons namely Gurcharan Singh, Hardev Singh and Gurdev Singh were named as an accused in case FIR No. 15 dated 18.01.1983 registered at Police Station Sarabha Nagar, Ludhiana under Sections 408, 468, 471 IPC. The FIR was lodged on the basis of a letter received in the office of Senior Superintendent of Police, Ludhiana on 18.05.1982, which was sent by the Assistant Registrar Cooperative Society. It was stated therein that the special audit report was carried out in the accounts for the year 1976 to 1981 as per their report, embezzlement was found in the funds of the society. It was stated that the amount deposited by various members of the society was either not entered in the accounts of society or less amount was reflected. Various instances were given and the total embezzlement according to the special audit report was amounting to Rs. 65,682/ -.;