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Nachiappan vs State represented by The Inspector of Police

Madras High Court · Decided on 27 February 2015 · Citation: (2015) 1 MadWNCri 513

HON’BLE JUDGES
C.T. Selvam, J.
RESULT
Disposed Off
CASE NUMBER
Criminal R.C.Nos.1072 to 1092 of 2014 and M.P. Nos.1 and 3 of 2014 (in all cases)
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Judgment

219 paragraphs · 1,347 words

C.T. Selvam, J.—These revisions arise against judgments of learned II Additional District Sessions Judge, Fast Track Court II, Poonamallee, passed in C.A.Nos.74 to 94 of 2013 on 17.09.2014 confirming judgments of learned Judicial Magistrate I, Poonamallee, passed in C.C.Nos.262 to 272 of 2003 on 29.08.2013.

2.

The prosecution case was that petitioners, in all these revisions, while working at the Hindustan Teleprinters Employees Co-operative Thrift and Credit Society, Guindy, misappropriated monies by making wrongful entries in the loan disbursement register between 04.09.1976 and 26.03.1981. A case was registered in Crime No.04 of 1983 on the file of the respondent. Upon completion of investigation and filing of charge sheets informing misappropriation in sums of Rs.1,000/-, Rs.3,000/-, Rs.1,500/-, Rs.2,000/-, Rs.3,500/-, Rs.2,000/-, Rs.7,000/-, Rs.5,000/-, Rs.6,000/-, Rs.1,500/- and Rs.35,796.75/-, cases were tried in C.C.Nos.262 to 272 of 2003 on the file of learned Judicial Magistrate I, Poonamallee.

3.

Before trial Court, the following witnesses and exhibits were marked:

C.C.No.

Prosecution

Defence

No.of witnesses

No.of exhibits

No.of witnesses

No.of exhibits

262 of 2003

18

66

Nil

Nil

263 of 2003

17

54

Nil

Nil

264 of 2003

18

55

Nil

Nil

265 of 2003

17

58

Nil

Nil

266 of 2003

22

68

Nil

Nil

267 of 2003

16

68

Nil

Nil

268 of 2003

30

86

Nil

Nil

269 of 2003

19

70

Nil

Nil

270 of 2003

25

86

Nil

Nil

271 of 2003

18

175

Nil

Nil

272 of 2003

19

175

Nil

Nil

On appreciation of materials before it, trial Court, under judgments dated 29.08.2013, convicted petitioners and sentenced them as follows:

C.C. Nos.

Amount misappropriated

Accused

Offences u/s.

Sentence

262/2003

262/2003

A1

408 I.P.C.

1 year S.I. and fine of Rs.5,000/- i/d 3 months'' S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2, A3 & A4

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

263/2003

Rs.3,000/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2, A3 & A4

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

264/2003.

Rs.1,500/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2 & A3 died pending trial

265/2003.

Rs.2,000/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2, A3 & A4

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

266/2003.

Rs.3,500/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2 & A4

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A3 died pending trial.

267/2003.

Rs.2,000/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2 & A3 died pending trial.

268/2003.

Rs.7,000/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2, A3 & A4

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

269/2003.

Rs.5,000/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2, A3 & A4

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

270/2003.

Rs.6,000/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

A2, A3 & A4

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

271/2003.

Rs.1,500/-

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

120(b) IPC

3 months S.I.

471 IPC

3 months S.I.

A2, A3 & A5

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

120 (b) IPC

3 months S.I.

471 IPC

3 months S.I.

A4 died pending trial.

272/2003.

Rs.35,796.75

A1

408 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

120(b) IPC

3 months S.I.

471 IPC

3 months S.I.

A2, A3 & A6

408 r/w 109 IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

477-A IPC

1 year S.I. and fine of Rs.5,000/- i/d 3 months S.I.

120 (b) IPC

3 months S.I.

471 IPC

3 months S.I.

A4 & A5 died pending trial.

Appeals preferred by petitioners before learned II Additional District and Sessions Judge, Fast Track Court II, Poonamallee, in C.A.Nos.74 to 94 of 2013 came to be dismissed under judgments dated 17.09.2014. Hence, these revisions.

4.

Heard learned counsel for petitioners and learned Government Advocate (Crl.side).

5.

Learned counsel for petitioners submits that petitioners have paid the fines imposed by the trial Court. Learned counsel relied on judgment of Apex Court in Bore Gowda v. State of Karnataka [2000 (10) SCC 260], to submit that in such case, the Apex Court has been pleased to extend the benevolent provision of Probation of Offenders Act to the accused on consideration of the fact that the offence was of the year 1981-82.

6.

This Court notes that in such case, irregularities were in three cases and in small amounts of Rs.1,812/- and below. In the case on hand, there are as many as 11 instances, one involving a sum of Rs.35,796.75. Even so, given the position that as many as 31 years have passed and that petitioners are retired persons, all aged about 70, this Court would extend the benevolent provision of Probation of Offenders Act. Towards doing so, this Court reserved orders on 14.11.2014 affording petitioners a period of three months from such date to effect deposit of the misappropriated funds to the credit of respective complaint cases. Sums now stand deposited as evidenced by receipts issued by learned Judicial Magistrate I, Poonamallee, submitted before the Registry along with a memo, as directed by this Court. In the circumstances, this Court while confirming the finding of conviction and sentence of Courts below, would direct that petitioners be released on probation of good conduct, on each of them executing a bond in a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety in a like sum to the satisfaction of the trial Court viz., Judicial Magistrate I, Poonamallee, undertaking to appear and receive sentence when called upon to do so, during a period of one year of the date of the bond and in the mean time to keep the peace and be of good behaviour. It is made clear that in keeping with Section 12 of the Probation of Offenders Act, petitioners shall not suffer disqualification, attaching to this conviction.

7.

se Criminal Revisions stand disposed of with the above direction. Memo and receipts shall form part of records. Consequently, connected miscellaneous petitions are closed.