Madras High Court
Nandakumar vs State Rep.By Inspector Of Police on 17 February, 2020
Author: R.Mahadevan
Bench: R. Mahadevan
Crl.R.C.Nos.464 to 472 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2020
CORAM
THE HONOURABLE Mr. JUSTICE R. MAHADEVAN
Crl.R.C.Nos.464 to 472 of 2016
Crl.R.C.No.464 of 2016:
Nandakumar ... Petitioner
Vs.
State rep.by Inspector of Police,
C.C.I.W., C.I.D.,
Vellore.
(Crime No.1 of 2010) ... Respondent
Crl.R.C.No.464 of 2016 filed under Section 397 read with Section
401 Cr.P.C. against the judgment passed in C.A.No.169 of 2011 on the
file of the I Additional District and Sessions Judge, Vellore dated
28.06.2013, modifying the judgment of the learned Judicial Magistrate
No.2, Vellore, convicting the petitioner herein under Sections 408 and
477A of IPC and sentencing to undergo Rigorous Imprisonment for three
months each and to pay a fine of Rs.250/- each in default, to undergo
simple imprisonment for 15 days, vide judgment dated 28.06.2011 in
C.C.No.43 of 2010.
For Petitioner : Mr.S.Sairaman
in all Crl.RCs.
For Respondent : Mr.K.Prabakar
in all Crl.RCs. Additional Public Prosecutor
http://www.judis.nic.in
1/11
Crl.R.C.Nos.464 to 472 of 2016
COMMON ORDER
The petitioner herein is the first accused in C.C.Nos.40 to 48 of 2010 on the file of the Judicial Magistrate No.2, Vellore, Vellore District and the respondent herein is the complainant, in all these cases.
2.The petitioner was working as a Clerk in the Pernambet Panchayat Board Teachers and Employees Co-operative Thrift and Loan Society. On 02.06.2008, one Kalaiselvi, a member of the Society, made payment of a sum of Rs.5,000/- towards discharge of loan. The petitioner collected the same and fabricated the receipt and issued the same as if it was genuine, to the said Kalaiselvi. He dishonestly misappropriated the said amount committing criminal breach of trust. The Inspector of Police, Commercial Crime Investigation Wing, Vellore, charge-sheeted the petitioner herein under Sections 408, 467, 468, 471 and 477A r/w 35 of IPC and the case was committed to the Trial Court. After considering the materials and evidence, the Trial Court found the petitioner guilty of the offence under Sections 408 and 477A of IPC and accordingly convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo Rigorous Imprisonment for three months each and to pay a fine of Rs.250/- each in default, to undergo simple imprisonment for 15 days each, vide judgment dated 28.06.2011 in C.C.No.43 of 2010. As against the said judgment, http://www.judis.nic.in 2/11 Crl.R.C.Nos.464 to 472 of 2016 the petitioner preferred an appeal in C.A.No.169 of 2011 before the Lower Appellate Court and the Lower Appellate Court set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.464 of 2016 has been filed.
3.Similarly, in C.C.No.47 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.500/- each, in default to undergo simple imprisonment for one month each. On appeal, the Lower Appellate Court, by judgment in C.A.No.173 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.465 of 2016 has been filed.
4.Likewise, in C.C.No.41 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.500/- each, in default to undergo simple imprisonment for one month each. On http://www.judis.nic.in 3/11 Crl.R.C.Nos.464 to 472 of 2016 appeal, the Lower Appellate Court, by judgment in C.A.No.167 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.466 of 2016 has been filed.
5.Likewise, in C.C.No.46 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for three months each and to pay a fine of Rs.250/- each, in default to undergo simple imprisonment for 15 days each. On appeal, the Lower Appellate Court, by judgment in C.A.No.172 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.467 of 2016 has been filed.
6.Likewise, in C.C.No.45 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for three months each and to pay a fine of Rs.250/- each, in default to undergo simple imprisonment for 15 days each. On appeal, the Lower Appellate Court, by judgment in C.A.No.171 http://www.judis.nic.in 4/11 Crl.R.C.Nos.464 to 472 of 2016 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.468 of 2016 has been filed.
7.Likewise, in C.C.No.40 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.500/- each, in default to undergo simple imprisonment for one month each. On appeal, the Lower Appellate Court, by judgment in C.A.No.166 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.469 of 2016 has been filed.
8.Likewise, in C.C.No.42 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.500/- each, in default to undergo simple imprisonment for one month each. On appeal, the Lower Appellate Court, by judgment in C.A.No.168 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the http://www.judis.nic.in 5/11 Crl.R.C.Nos.464 to 472 of 2016 Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.470 of 2016 has been filed.
9.Likewise, in C.C.No.48 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for three months each and to pay a fine of Rs.250/- each, in default to undergo simple imprisonment for 15 days each. On appeal, the Lower Appellate Court, by judgment in C.A.No.174 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.471 of 2016 has been filed.
10.Likewise, in C.C.No.44 of 2010, the Trial Court convicted the petitioner under Sections 408 and 477A of IPC and sentenced to undergo rigorous imprisonment for three months each and to pay a fine of Rs.250/- each, in default to undergo simple imprisonment for 15 days each. On appeal, the Lower Appellate Court, by judgment in C.A.No.170 of 2011 dated 28.06.2013, set aside the conviction and sentence imposed by the Trial Court in respect of offence under Section 477A IPC. The http://www.judis.nic.in 6/11 Crl.R.C.Nos.464 to 472 of 2016 conviction and sentence imposed on the petitioner in respect of Section 408 of IPC has been confirmed by the Lower Appellate Court. Challenging the same, Crl.R.C.No.472 of 2016 has been filed.
11.The learned counsel for the petitioner has submitted that both the Courts below have erred in convicting the petitioner without appreciating the evidence, giving vague reasons for conviction, which is against all canons of criminal jurisprudence. It is specifically submitted that the evidences adduced on the side of the prosecution are baseless and that the Courts below have erred in relying upon those evidences for convicting the petitioner. The Lower Appellate Court has found that no offence has been made out under Section 477A of IPC against the petitioner and hence there is no necessity to convict the petitioner under Section 408 of IPC. It is also submitted that the management of the Society alone is responsible for the day to day affairs of the Society, which includes loans and monetary transactions.
12.The learned Additional Public Prosecutor appearing for the respondent has submitted that the Lower Appellate Court has correctly confirmed the conviction and sentence imposed on the petitioner by the Trial Court under Section 408 IPC by properly considering the materials and evidence available on record and hence, this Court need not interfere with the impugned judgments of the Lower Appellate Court. http://www.judis.nic.in 7/11 Crl.R.C.Nos.464 to 472 of 2016
13.Heard the learned counsel on either side and perused the papers.
14.It is seen that the petitioner has received the amounts from the members of the Society towards repayment of the loans received by them from the Society, for which he issued receipts, but he had not brought forward the received amounts in the Daily Ledger. For example, in respect of the transaction took place on 26.04.2008, on a perusal of Ex.P18-Loan file pertaining to P.W.6-Kalaiselvi, it is seen that the petitioner had received Rs.5,000/- on 02.06.2008 from P.W.6 and he gave receipts under Ex.P9 on the same day. The cross examination of P.W.6 also revealed the same. Thus, the entrustment of money with the petitioner has been proved beyond reasonable doubt. Secondly, a perusal of Ex.P19- Loan Register revealed that the said Kalaiselvi had received a sum of Rs.2,00,000/- as loan from the Society, but the amount which has been received from her by the petitioner towards repayment of loan amount, has not been reflected in the Register. That itself showed that the petitioner had received the said amount from her and misappropriated it. In all the transactions involved in the present cases, the concerned loan registers do not reflect the entries as regards the amounts received by http://www.judis.nic.in 8/11 Crl.R.C.Nos.464 to 472 of 2016 the petitioner from the members, in respect of repayment of loan amounts. Thus, both the daily register as well as the Loan Registers of the members in question, do not reflect any entries as regards the receipt of amounts from them, by the petitioner. In the circumstances, the Lower Appellate Court confirmed the conviction and sentence imposed by the Trial Court under Section 408 of IPC, in all these cases.
15.In respect of conviction and sentence imposed on the petitioner under Section 477A of IPC, since the Secretary of the Society is solely responsible for all the accounts maintained in the Society and that the prosecution had failed to prove that at the relevant point of time the petitioner had dominion over the documents, the Lower Appellate Court set aside the conviction and sentence imposed on the petitioner under Section 477A of IPC, in all these cases.
16.The Lower Appellate Court has dealt with the matter by properly appreciating the materials and evidence and correctly confirmed the conviction and sentence imposed on the petitioner under Section 408 of IPC by the Trial Court and correctly set aside the conviction and sentence imposed on the petitioner by the Trial Court under Section 477A, with proper reasoning and hence this Court is not inclined to interfere with the same.
http://www.judis.nic.in 9/11 Crl.R.C.Nos.464 to 472 of 2016
17.In the result, the Criminal Revision Cases are dismissed being devoid of merits. The Trial Court is directed to secure the petitioner herein and commit him in prison to undergo the remaining period of sentence, if any.
Index : Yes/No
Internet : Yes/No 17.02.2020
KM
To
1.The I Additional District and Sessions Judge, Vellore, Vellore District.
2.The Judicial Magistrate No.2, Vellore, Vellore District.
3.The Inspector of Police, C.C.I.W., C.I.D., Vellore.
4.The Public Prosecutor, Madras High Court.
http://www.judis.nic.in 10/11 Crl.R.C.Nos.464 to 472 of 2016 R.MAHADEVAN, J.
KM Crl.R.C.Nos.464 to 472 of 2016 17.02.2020 http://www.judis.nic.in 11/11