P. Vasappa Gowda vs State of Karnataka

Anand Byrareddy, J.—The petitioner in these petitions is common. He was accused of identical offences in three different cases in the following background.

It was alleged that the petitioner was working as a First Division Clerk in the Hunsur Coffee Curing Works from the year 1974 to 1985 and he was entrusted with the Pool Fund amount and the transactions of the Pool Fund Section. During the period 11.2.1981 to 14.11.1981, the petitioner, while misrepresenting the then Manager one M.S. Ganapathy that an amount was due to be paid to the Coffee Growers namely, T. Jhon, Monappa and T.M. Belliappa, had obtained the signature of the Manager on a Cheque and advice memos and had made false entries in the concerned cash register and had misappropriated the amount mentioned in the Cheques and had credited the Cheques in his own account which he had opened in a fictitious name at Vijaya Bank, Madikeri Branch. The mischief having been discovered, the petitioner was prosecuted for the offences punishable under Sections 467, 471, 411, 409, 420 and 477A of IPC. However, he was acquitted for the offences punishable under Sections 467, 471 and 411 of IPC and convicted for the other provisions as follows:

In C.C. Nos. 371/1987 and 372/1987 he was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- for the offence punishable under Section 409 of IPC, to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- for the offence punishable under Section 420 of IPC and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- for the offence punishable under Section 477A of IPC. Further, in C.C. No. 1139/1986, the petitioner was convicted with rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- for the offence punishable under Section 409 of IPC and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- for the offence punishable under Section 477A of IPC.

The Appellate Court, in turn, having confirmed the sentence and punishment imposed, the petitioner has preferred these petitions.

At the final hearing, the learned counsel for the petitioner has filed a memo enclosing an affidavit of the competent officer of the original complainant, the Deputy Registrar of Co-operative Societies, Kodagu District, Madikeri who is said to be in additional charge of Kodagu Coffee Growers Co-operative Society Limited, Madikeri and declaring that the present petitioner who was found to have misappropriated a total sum of Rs. 8,43,255.83 which is the total amount of money involved in the aforesaid three criminal cases as well as one more which is said to be pending before a Sessions Court which arises out of the same circumstances, during the same relevant period and that the Society has recovered from the petitioner a total sum of Rs. 8,50,000/- as against the aforesaid sum which was found to have been misappropriated and the Society has also issued a receipt bearing No. 1116 dated 23.3.2011 and it is this affidavit which is produced through the learned counsel for the petitioner, on the basis of which, the learned counsel for the petitioner would state that the petitioner who is now well into his eighty''s and having substantially refunded the amounts which were found to have been misappropriated, it is a fit case where the matter would have to be compounded. However, since the Society is reluctant to come forward in respect of this exercise and further, it is pointed out that the offences punishable under Sections 409 and 477A of IPC were not compoundable with or without the permission of the Court and hence, would submit that it is a fit case when, in the terms of the judgment of the Hon''ble Supreme Court in the case of Gian Singh Vs. State of Punjab and Another, , the proceedings could be quashed in order to give a quietus to the entire proceedings. Since the case has run its course from 1987 and since the petitioner is at the fag end of his life, having made a clean breast of his default in having misappropriated the amount which has now been returned to the Society, the proceedings be quashed.

The learned Government Pleader would however submit that in the absence of the complainant having come forward before this Court through its authorized officer in person and having made such a request or having claimed that the money in question has been refunded in full, though without any interest thereon, it would not be possible to concede with the matter, giving a quietus and this Court acting on the basis of the affidavit filed through the petitioner, may not be accepted.

However, in the discretion of this Court, giving credence to the affidavit that is filed by an officer no, less than the Deputy Registrar of Co-operative Societies, declaring that the entire amount misappropriated in a total sum of Rs. 8,43,255.83, has been recovered including an additional sum and a total amount of Rs. 8,50,000/- having been recovered from the petitioner, would adequately cover the amount which is said to have been misappropriated and given the circumstances that the petitioner is well into his old age, this Court, in exercise of its power under Section 482 of the Code of Criminal Procedure, 1973, would hereby quash the proceedings and the petitioner is acquitted insofar as the proceedings that are the subject matter of these petitions.

The petitions are disposed of accordingly.