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2012 Supreme(Ker) 207

S.S.SATHEESACHANDRAN
Cardamom County Parks & Hotels (P) Ltd. – Appellant
Versus
K. A. Ansari – Respondent


Advocates Appeared:
For the Petitioner:Bechu Kurian Thomas, Paul Jacob (P), Advocates.
For the Respondents:R1, Shahul Hameed Mooppan, K.M. Varghese, Advocates, R2, Mrs. R. Reena, Public Prosecutor.

Judgment :

Challenge in the revision is against the order of acquittal rendered in favour of the accused/1st respondent in C.C.No.630/06 by the learned Judicial Magistrate of the First Class-III. Kottayam. The de facto complainant, a company represented by its Director is the revision petitioner. The accused was prosecuted for offences under Sections 406, 420 and 468 of the Indian Penal Code (for short ‘IPC’), on a report filed by the Sub Inspector of Police, Kottayam West Police Station. After trial, the learned Magistrate, holding that the prosecution has failed to establish the guilt of the accused for the offences ordered his acquittal. Propriety, legality and correctness of that order is assailed in this revision.

2. Short facts necessary for disposal of this revision can be summed up thus: The accused was the Restaurant Manager of a “Kappi Club” operated by the petitioner company. He was also entrusted with the work of making payments to vendors for purchases made in the course of running the shop, apart from other works. The accused, after working for about 7 months as the restaurant manager, abruptly left the job. After he left his job, it was detected that many of the bills
















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