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2023 Supreme(Mad) 665

G. JAYACHANDRAN
K. Aruljothi – Appellant
Versus
State represented by The Inspector of Police, Coimbatore – Respondent


Advocates appeared:
For the Petitioner:A.M. Rahamath Ali, Advocate. For the Respondent:R. Kishore Kumar, Government Advocate (Crl.Side).

JUDGMENT

(Prayer: Criminal Revision Case has been filed under Section 397 r/w 401 of Cr.P.C., to set aside the order passed by the learned IV Additional District and Sessions Judge, Coimbatore dated 23.06.2020 in Crl.A.No.11 of 2015, confirming the conviction and sentence imposed on the petitioner by the judgment of the learned Judicial Magistrate No.IV, Coimbatore in C.C.No.102 of 2001 of dated 23.12.2014 by allowing this revision.)

1. The petitioner herein and one Venkatachalam were the Secretary and President respectively in the Thulukkamuthur Primary Agriculture Co-operative Bank. In the surprise check conducted by the Sub-Registrar of Cooperative Society on 30.05.2000, only Rs.6,420/- cash was available instead of Rs.19,53,774.30/- as mentioned in the Cash Register. On further inspection on 16.06.2000, shortage of fertilisers stock worth Rs 12,02,578.28/- was noticed. Hence Department enquiry under section 81 of the Cooperative Societies Act was conducted and misappropriation of Rs.31,49,932.58/- by the revision petitioner and the President was held to be proved. Therefore, the complaint dated 03.10.2000 was lodged by the Sub-Registrar of Co-operative Society, Coimbatore before

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