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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. BHARATHA CHAKRAVARTHY, J.
T. Perumal & Another - Appellant
Versus
State by Inspector of Police, C.C.I.W., C.I.D, Tiruvannamalai - Respondent
Crl.R.C. Nos. 1309 & 1125 of 2013
Decided On : 25-01-2022
Criminal Procedure Code, 1973 - Section 397 and 401 - Indian Penal Code,1860 - Sections 120(B), 406, 408 and 477(A) – Tamil Nadu Co-operative Societies Act - Section 81 - Offence of Criminal Breach of Trust, Cheating and Forgery – Appeal against conviction - The charge in this case is that fifth accused applied for grant of fertilizer and agricultural loan. He owned only 4 Acres and 15 cents of lands. However, first accused by marking as if he has Acres 11.06 cents of land, sanctioned and disbursed a total sum of Rs. 57,485/- while he is actually entitled to only Rs. 24,340/- and thus, an excess amount of Rs. 33,145 /- is disbursed and hence charge - Held, There is no any charge of cheating or forgery which is levlled against fifth respondent who is loan applicant. He is charged and convicted for an offence under Section 406 of IPC - Obviously, there is no any domain or entrustment to fifth accused over property and hence on the face of it, charge under Section 406 of IPC is not made out against fifth accused and hence, he is liable to be acquitted - Trial Court and first Appellate Court grievously erred in overlooking these vital aspects resulting in miscarriage of justice to petitioner herein and as such, this is a fit case for interference by this Court in exercise of revisional jurisdiction - Criminal Revision allowed.
JUDGMENT :
Prayer in Crl.R.C.No.1309 of 2013: Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., to call for the records from the file of the learned I Additional District and Sessions Judge, Vellore in Criminal Appeal No.53 of 2011, dated 22.07.2013 and ordered to revise the judgment of the learned I Additional Session Judge, Vellore in C.A.No.53 of 2011, dated 22.07.2013, consequently, set aside the conviction and sentence imposed on the revision petitioner by the learned Judicial Magistrate No.II, Vellore in C.C.No.48 of 2009, dated 11.02.2011 and acquitting the petitioner from the charges.
Crl.R.C.No.1125 of 2013: Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., to call for the records from the file of the learned I Additional District Judge, Vellore in Criminal Appeal No.62 of 2011, dated 22.07.2013 and ordered to revise the judgment of the learned I Additional Judge, Vellore in C.A.No.62 of 2011, dated 22.07.2013, consequently, set aside the conviction and sentence imposed on the revision petitioner by the learned Judicial Magistrate No.II, Vellore in C.C.No.48 of 2009, dated 11.02.2011 and acquitting the petitioner from the charges.
1. The Criminal Revision No.1125 of 2013 is filed by the first accused, namely, B.Ramamurthy, aggrieved by the judgment of the learned Judicial Magistrate No.II, Vellore, dated 11/02/2011 in C.C.No.48 of 2009, thereby, finding the petitioner guilty of an offence under Section 408 of Indian Penal Code and imposing a punishment of 6 months Rigorous Imprisonment and a fine of Rs.3,000/- and in default, to undergo one month Simple Imprisonment and the judgment of the learned I Additional District Judge, Vellore in Crl.A.No.62 of 2011, dated 22/07/2013, thereby, dismissing the appeal and confirming the conviction and sentence imposed by the Trial Court.
2. The Criminal Revision No.1309 of 2013 is filed by fifth accused in the same case, namely, T.Perumal, aggrieved by the judgment of the learned Judicial Magistrate No.II, Vellore, dated 11/02/2011 in C.C.No.48 of 2009, thereby, finding the petitioner guilty of an offence under Section 406 of Indian Penal Code and imposing a punishment of 3 months Rigorous Imprisonment and a fine of Rs. 1,000/- and in default, to undergo 15 days Simple Imprisonment and the judgment of the learned I Additional District Judge, Vellore in Crl.A.No.53 of 2011, dated 22/07/2013, thereby, dismissing the appeal and confirming the conviction and sentence imposed by the Trial Court.
3. Since both matters arise out of the same case, both these revisions are taken up together. Pursuant to an inquiry under Section 81 of the Tamilnadu Co-operative Societies Act, in respect of Nallavanpalayam Primary Agricultural Co-operative Society, a complaint, dated 11/08/2006 was lodged by P.W.1, the Special Officer and a case was registered in Cr.No.2 of 2007 and P.W.4 took up the case for investigation and laid a charge sheet against the Petitioners herein and 3 other accused proposing them guilty for the offences under Sections 120(B), 408 and 477(A) of the Indian Penal Code.
4. The case was taken on file as C.C.No.48 of 2009 by the learned Judicial Magistrate No.II, Vellore and upon issue of summons and furnishing of copies as per Section 207 Cr.P.C., the accused denied the charges and stood trial. Thereafter, the prosecution examined P.W.1 to P.W.4 and marked Exs.P-1 to P-17 and rested its case. Upon being question about the adverse evidence and circumstances, under Section 313 of the Cr.P.C., the accused denied them as false. Thereafter, no oral or documentary evidence was let in on behalf of the defence.
5. The Trial Court therefore, proceeded to hear the learned Assistant Public Prosecutor for the prosecution and the learned counsel for the accused and by a judgment, dated 11/02/2011, acquitted accused Nos.2 to 4, in respect of all charges and in respect of the first accused, convicted him for an offence under Section 408 and in respect of the fifth
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