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IN THE HIGH COURT OF ALLAHABAD
N. S. GUPTA
STATE OF UTTAR PRADESH - Appellant
Versus
AMIN BEG - Respondents
G. A. 401 Of 1992
Decided On : 09/23/1997
CRIMINAL LAW - SECTION 409 IPC - MISAPPROPRIATION OF FUNDS - SANCTION FOR PROSECUTION - NECESSITY - POSTAL CLERK - DUTY TO ACCOUNT FOR MONEY RECEIVED - FAILURE TO ACCOUNT - CRIMINAL BREACH OF TRUST - SANCTION REQUIRED UNDER SECTION 197 CR.P.C.
Fact of the Case:
The accused, a postal clerk, was charged with misappropriating funds from three recurring deposit accounts. The prosecution alleged that the accused failed to account for a total of Rs. 9,450.00 in the postal ledger, while the entries in the passbooks of the account holders showed that the deposits had been made. The accused denied the allegations and pleaded not guilty.
Finding of the Court:
The court found that the prosecution had failed to prove that the accused had misappropriated the funds. The court noted that the accused was a postal clerk whose duty was to receive money from account holders and account for the same in the postal department's books of accounts. The court found that the accused's failure to account for the money in question constituted a criminal breach of trust, but that the prosecution had failed to obtain the necessary sanction from the competent authority before launching the prosecution, as required by Section 197 of the Code of Criminal Procedure.
Issues: 1. Whether the accused misappropriated the funds in question. 2. Whether the prosecution obtained the necessary sanction from the competent authority before launching the prosecution.
Ratio Decidendi: The court held that the prosecution had failed to prove that the accused had misappropriated the funds. The court noted that the accused was a postal clerk whose duty was to receive money from account holders and account for the same in the postal department's books of accounts. The court found that the accused's failure to account for the money in question constituted a criminal breach of trust, but that the prosecution had failed to obtain the necessary sanction from the competent authority before launching the prosecution, as required by Section 197 of the Code of Criminal Procedure. The court held that the prosecution was therefore bad on that score, and dismissed the appeal.
Final Decision: The court dismissed the appeal.
( 1 ) THIS is a Government Appeal against the order of acquittal dated 22-10-1991, passed by Sri Janardan Singh, the then IXth Additional Chief Judicial Magistrate, Bareilly, acquitting the accused respondent Amin Beg on the charges under Section 409 IPC.
( 2 ) THE prosecution case briefly stated is as follows :-On 14-10-88 Sri Ashok Kumar Saxena, P. W. 1 who was then working as Deputy Divisional Inspector North Bareilly in the postal Department lodged a written report with police station Izatnagar, district Bareilly with the allegation that on 21-9-83 Sri Ambika Prasad Joshi and Smt. Geeta Joshi of Base Office, Air Force Station Bareilly opened a Recurring Deposit Account No. 15761 for Rs. 100. 00 per month. Till August, 88, they had deposited a sum of Rs. 6,000. 00 into the said account. It was revealed that the deposits made by Sri Ambika Prasad Joshi for the period from June, 1985 to August, 1988 were not accounted for in the Account of the Post Office, whereas, the entries of all these deposits were made in the Pass Book. In the same way w. e. f. June, 198 5/08/1988, 39 instalments of Rs. 3,900. 00 were missing.
( 3 ) SRI Ambika Prasad Joshi and Smt. Geeta Joshi opened another Recurring Deposit Account bearing No. 15774 on 9-11-83 of Rs. 100. 00 per month and had deposited Rs. 5,800. 00 in the said account till August, 1988. The deposits for the period from June, 198 5/08/1988 of the account holder were missing and were not accounted for. In this way the accused respondent mis-appropriated a sum of Rs. 3,900. 00 regarding to account No. 15761 and similar amount relating to Account No. 15774. The entries of all these deposits were made in the respective pass books.
( 4 ) SRI Ambika Prasad Joshi opened a third Account being No. 15760, in the name of his minor daughter Km. Reeta Joshi on 13-9-83 and had regularly deposited instalments of Rs. 50. 00 per month. Sri Joshi regularly deposited instalments in this account as well till August, 1988. Instalment of this account w. e. f. December, 198 5/08/1988 amounted to Rs. 1650. 00 were not accounted for in the account book of the Post Office. In this way a sum of Rs. 1,650. 00 relating to this account was also misappropriated by the accused respondent.
( 5 ) IT was alleged that during the said period the respondent Amin Beg was posted as Clerk on Saving Bank Accounts Counter, Sri Joshi made all the deposits in the aforesaid Recurring Deposit Accounts through Amin Beg, who was then Counter Clerk. The entries in the Pass Books were made by the accused respondent. Since the amount deposited by Sri Joshi to the tune of Rs. 9,450. 00 was not properly accounted for by Amin Beg, he was accordingly prosecuted for committing an offence punishable under Section 409 IPC. The accused respondent pleaded not guilty and maintained that he was falsely implicated into this case. He, however, did not adduce any evidence in his defence.
( 6 ) AFTER needful investigation and trial into the matter, the learned Addl. Chief Judicial Magistrate, Bareilly had acquitted the accused respondent as per his impugned judgment. Aggrieved of the same, the State has preferred this appeal.
( 7 ) I have heard Sri V. B. Singh, learned Addl. Government Advocate for State and Sri Syed Mansoor Abdi and Sri Jitendra Kumar Chakravarty on behalf of the accused respondent; considered their contentions and have gone through the records of the case.
( 8 ) IT was very much admitted by the accused respondent in his examination under Section 313 Cr. P. C. that he was working as a Clerk at Air force Sub-Post Office, Izatnagar during the period from June, 198 5/08/1988. He however, denied to have committed any misappropriation of the amount in question.
( 9 ) I find that only two witnesses were examined by the prosecution before the Court below. They were Sri Ashok Kumar Saxena, P. W. 1 who was Inspector of Post Office and who had inquired into the matter and found that the accused respondent had not accounted for
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