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G. JAYACHANDRAN
S. Poongavanam – Appellant
Versus
State Rep. by The Inspector of Police, Thiruvannamalai – Respondent
JUDGMENT
(Prayer: Criminal Revision Case has been filed under Section 397 and 401 of Cr.P.C., to call for records pertaining to the case and set aside the conviction and sentences passed by the learned Judicial Magistrate No.II, Vellore in C.C.No.308 of 2011, dated 10.03.2011 which was confirmed by the learned 1st Additional District and Sessions Judge, Vellore in C.A.No.80 of 2011 by judgment dated 12.04.2016.)
1. The Revision Petition is filed against the judgment of conviction and sentence under Sections 408 and 477A IPC. The term of imprisonment to undergo 2 years RI and fine of Rs.1,000/- in default,to undergo SI for 3 months for each of the offences imposed by the trial Court and confirmed by the Lower Appellate Court is challenged in this Revision Petition.
2. The brief facts leading to the Revision Petition: The Deputy Registrar of Co-operatives, Thiruvannamalai appointed an Enquiry Officer under Section 81 of the Tamil Nadu Co-operative Societies Act based on the report received from the Special Officer regarding misappropriation of funds in Kadaladi Primary Co-operative Society Bank. The enquiry revealed that, the Revision Petitioner herein, who was the Secretary of Kadaladi
The judgment emphasizes the importance of documentary evidence and entries in proving guilt in cases of misappropriation and falsification of accounts.
The central legal point established in the judgment is the liability of the accused, as the Secretary of the bank, for misappropriation and falsification of documents, leading to convictions under Se....
The main legal point established in the judgment is the individual liability of the petitioner, as the Secretary of the cooperative society, for the misappropriation of funds and stock, despite the a....
A person cannot be charged with both cheating and criminal breach of trust for the same transaction; the prosecution must prove the specific elements of each offence beyond reasonable doubt.
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