Judgment

DUA, J.: - Pursuant to a complaint by Shri. Joy Shankar Bhattacharyya, the appellant Sushil Kumar Gupta was tried in the Court of Assistant Sessions Judge, Tripura on the following charges:

"(1) That you in between the month of September, 1958 and July, 1959 at Agartala P. S. Kotwali being a servant viz., Secretary in the employment of the Tripura Central Marketing Co-operative Society Ltd., and in such capacity entrusted with certain property to wit, a total sum of Rs. 18,200 being the fund of the Society, committed criminal breach of trust in respect of the said property and thereby committed an offence punishable under Section 408 of the Indian Penal Code and within the cognizance of this Court.

Secondly that you in between the period of September, 1958 and July, 1959 at the same place being a Secretary in the employment of the Tripura Central Marketing Co-operative Society Ltd., wilfully and with intent to defraud, falsified certain books and other relevant papers to wit cash book etc., which belonged to the said society, your employer and thereby committed an offence punishable under Section 477-A of the Indian Penal Code and within the cognizance of this Court".

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