Chaman Lal vs State of U.P.

R. K. Singh, J.—None responds even on the revised list. The revisionist has been noticed since 5th August 1994 to engage another counsel in place of Sri S. Afsar Ali who is reported to have died but the revisionist does not take any interest. The revision petition has become 14 years old and is not possible to be passed. Taken up for consideration and decision on the basis of material on record.

Perused the impugned judgment and order dated 22nd May, 1992 passed by the Sessions Judge, Meerut in Criminal Appeal No. 46 of 1982 and also perused the trial Court''s judgment passed by the Judicial Magistrate Lt Class, Meerut in Criminal Case No. 4127 of 1981 by which the revisionist has been convicted under Section 409, I. P. C. and has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000 and in default thereof to further undergo 6 month''s R. I.

The revisionist being employee of the Cooperative society under the Cooperative Department and his main duty was to recover money due to the societies from the cultivators. The revisionist has realised a sum of Rs. 5,677 on different dates from thirteen cultivators and has misappropriated the total amount of the society.

The conviction of the revisionist is based on proper appreciation of the evidence on record. There is no defect or error to justify interference either in the conviction or in the order of sentence. The revision has no merit and it is accordingly dismissed. The order dated 18th June, 1982 staying the realisation of fine is hereby vacated.

Revision dismissed.