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1957 Supreme(Mad) 77

SOMASUNDARAM
In re Marudayya – Appellant
Versus
. – Respondent


Advocates Appeared:
V.T. Rangaswami Aiyangar for V.L. Ethiraj, S. Mohankumaramangalam, K.V. Sankaran and M. Narayanamuthi, for Petitioner; Public Prosecutor and T. Venkatadri, for the State.

Judgement

ORDER :- The petitioner in this case has been convicted by the Additional First Class Magistrate, Coimbatore, for an offence under S. 408, I. P. C., and sentenced to one years R. I. and a fine of Rs. 1,000. The said conviction and sentence were confirmed by the Sessions Judge of Coimbatore. It is against the judgment of the Sessions Judge of Coimbatore the present revision has been filed.

2. The facts of the case are these - The petitioner was employed as a cashier in one of the mills in Coimbatore called Kamala Mills. It is alleged that he was so employed almost from the very inception of the Mills, i.e., for over ten years. He was in custody of the cash belonging to the Milk and he had to maintain the rough cash book and prepare the debit vouchers on the authority of which money had to be drawn from the banks by P.W. 8, the managing agent. His duties also included disbursement of the wages to the labourers employed in the Mill every month. The labourers came under two categories, one the permanent employees and the other substitute employees called Badili workers. So far as the wages to the permanent employees were concerned, they were paid once a month. As regards the wa








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