V.K.AHUJA, J. - (1.) THIS appeal has been filed by the appellant/State of H.P. against the judgment of the Court of learned Additional Chief Judicial Magistrate, Hamirpur, dated 4.2.1999, vide which the respondent was acquitted of the charge framed against him under Section 408 I.P.C.
(2.) BRIEFLY stated the facts of the case are that a written complaint was sent to the police by Shri Harnam Singh, Sub Inspector, Cooperative Society, Bhareri on 1.9.1989 against the respondent alleging that in audit of accounts of the society, it was found that respondent who was former salesman of the Sabha had misappropriated the amount of the society to the extent of Rs.17,488.97 paise since deficiency in stock was found and the respondent had also failed to maintain account for the sale proceeds of fertilizer. It was alleged that the stock register was being maintained by the respondent. The respondent admitted before the managing committee to deposit the amount and since he failed to deposit the whole amount, a case was registered against him. After investigation, the challan was filed before the learned trial Court who tried the respondent under Section 408 I.P.C., resulting in his acquittal. I have heard Mr. Ashutosh Burathoki, learned Additional Advocate General for the appellant and Mr. R.P.Singh, Advocate, for the respondent and have also gone through the record.
(3.) THE submissions of the learned Additional Advocate General the appellant were that there is sufficient evidence on record to show that the stock was in the custody of the respondent who misappropriated the amount, for which there was audit report, but the same was not relied upon by the learned trial Court. It was also submitted that a sum of Rs.8000/- was deposited by the respondent out of total amount allegedly misappropriated, which proved that there was an admission on behalf of the respondent that he had misappropriated the amount though may be for temporary period and as such, findings of the learned trial Court to the contrary are liable to be reversed.;