Criminal Revision Application No.37 of 1998. Case: Sayyad Madar Shaikh Vs State Of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Revision Application No.37 of 1998 |
| Counsel | Nitin Jamdar, S S Pednekar |
| Judges | S. C. Dharmadhikari, J. |
| Issue | Indian Penal Code, 1860 - Sections 477A, 34, 468, 467 |
| Judgement Date | November 10, 2006 |
| Court | High Court of Bombay (India) |
Judgment:
This Criminal Revision Application is directed against the judgment and order of the Sessions Court. Solapur in Criminal appeal No. 18 of 1995 which confirms the judgment in Regular Criminal Case no. 38 of 1986 delivered by Chief Judicial Magistrate, Solapur. Applicant is original accused No. 1. Offences alleged are punishable under sections 409, 467, 468, 477a read with 34, Indian Penal Code.
Prosecution's case is that a Co-op. Society viz., Karmala Taluka Cooperative shetkari Kharedi Vikri Sangh (for short "sangh") has its branch at jeur. The Dakshin Solapur Kharedi Vikri Sangh (for short "solapur Sangh") is situated at Solapur. Accused No. 1 is Manager of Sangh whereas accused No. 2 is the Managing Director of the said Sangh. Complainant was serving as a special Auditor at the relevant time. Complainant carried out yearly audit of sangh for the period commencing from 2nd April, 1972 to 30th September, 1976. Accused No. 2 was working as the Managing Director. During the course of audit, Auditors raised some objections. It was revealed that there was a misappropriation to the tune of Rs. 4,12,557. 77. The period in this case is from 1974 to 1975. Present criminal case is restricted to the misappropriation of 4 and half tonnes of iron rods which are owned by the Sangh. The said rods were at the godown of Sangh at Jeur. It is alleged that the applicant before me issued a letter in his capacity as Manager of the Sangh permitting Store Keeper to remove four and half tonnes of iron rods. The same was shown at the stage of removal as well in the stock register. However, the amount of sale proceeds are not credited in the cash book maintained at the Head Office of the Sangh. It is further case of the prosecution that the accused in collusion with each other disposed off the said iron bars by selling the same to Chaitanya Co-op. Society, Solapur. They managed to get bogus receipt in the name of Bassappa Ramchandra Patil of hotgi. Thus, a forged document was prepared with an intent to cheat the Sangh. When the complainant noticed this misappropriation, he reported matter to the police machinery.
On the basis of the complaint offence was registered and investigation was carried out. During the course of investigation, police seized stock register maintained at Jeur branch, cash book maintained at head office of Sangh, receipts allegedly executed in the writing of accused No. 2. The admitted signatures and writing of the accused No. 2 was referred for opinion of handwriting expert. It was reported by hand-writing experts that the hand writing of accused No. 2 on the admitted documents tallies with the hand-writing of disputed documents, during the course of investigation, statements of witnesses were recorded and at the conclusion thereof, charge-sheet came to be filed against accused Nos. 1 to 3 for the offences punishable under sections 409, 467, 468, 477a read with 34, indian Penal Code.
Charges were framed for offences punishable under the abovementioned provisions and the same were amended subsequently on 24th May, 1982. Amended charges were read over and explained to the accused in Marathi and they pleaded not guilty to the same. Defence of accused No. 2 and 3 is of total denial. However, the present applicant (accused No. 1) stated that the Chairman of the Sangh Namdeorao Jagtap had called him and witness Kedar and gave them a letter stating that iron rod lying at Godown be unloaded for the construction work of Yashwantrao Chavan College, Karmala. According to accused No. 1, the said Jagtap assured that payment of the rods would be made. Accordingly, at the time of stock verification, he had brought this fact to the notice of Chairman, Mr. Jagtap, Cashier of the Head Office and said Jagtap made payment of rods on 29th june 1974. According to accused No. 1 payment of iron bars was made under the machinery department vide Voucher No. 482. The list of iron rods and tin sheets were shown. Stock worth Rs. 14,000/- was disposed of. According to accused, complainant lost sight of the fact that no objection was raised with regard to iron rods. According to accused No. 1 after his transfer from office of Sangh, documents have been prepared in order to implicate him falsely. Said Mr. Jagtap in order to save himself has falsely implicated the present applicant by putting pressure on the Auditor. According to him, false case has been registered against him.
Learned Chief Judicial Magistrate before whom the trial commenced recorded the deposition of 10 witnesses examined by the prosecution. Several documents were taken on record. Learned Chief Judicial Magistrate heard the submissions of prosecution as well as accused and delivered the judgment and order of conviction and sentence. As far as applicant is concerned the conviction and sentence is in the following terms:-
"Accusedno. 1 Saiyyad Nadar Shaikh found guilty and convicted for the offence punishable under section 409 of the Indian Penal Code, and he is sentenced to suffer R. I. for one year and...
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