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1987 Supreme(Ker) 27

PADMANABHAN
RAMACHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Crl. R.P. 64/83 is by the first accused and the other by the second accused. They were convicted and sentenced by the Judicial First Class Magistrate, Manjeri in CC 231/79 for rigorous imprisonment for six months each for offences punishable under S.408, 409 and 477A IPC directing the sentences to be suffered concurrently. Criminal Appeals filed by them were dismissed.

2. They were respectively Cashier and Accountant in the Manjeri Cooperative Urban Bank. The charges are temporary misappropriation of Rs. 250/ remitted by pw. 4, a subscriber of kuri conducted by the Bank, on 2-3-1976 towards instalment and falsification of accounts in relation to that amount.

3. The contention of the revision petitioners is that there is no evidence of entrustment. Prosecution case was that pw. 4 paid the amount to the first accused and though Ext.P2 receipt issued for that purpose was signed by both accused, second accused did not credit the same in the accounts and first accused did not show it in the cash balance. The emission to enter these amounts in the accounts and cash balance is proved and it is not disputed also. Revision Petitioners are the persons bound to make these entries






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