M.R. Sharma, J. - Leave granted. Notice. Bailabe warrants.

2. One of the points which arise in this case is whether a Secretary or a person working on behalf of the Co-operative Society can be convicted under Section 409, Indian Penal Code or not. In this connection, the learned defence Counsel drew our attention to a Single Bench decision of this Court in Gurmit Singh and another v. The State of Punjab, 1977 Chandigarh Law Reporter (P&H) 53. Therein after referring to Section 21 of the Indian Penal Code, the learned Judge held that an employee of Co-operative Society was not the servant of a Corporation established under a State Act. With utmost respect to the learned Judge, we are unable to concerned with this view. Sir John Salmond in his famous back on Jurisprudence 12th Ed has held with the subject of "Corporation" as under :-

"Corporations are of two kinds distinguished in English law as corporations aggregate and corporations sole Persons, says Coke are of two sorts, persons natural created of God, .......and persons incorporate or politique created by the policy of man (and therefore they are called bodies politique); and those be of two sorts, viz., either sole, or ag