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2001 Supreme(MP) 870

S.C.PANDEY
Raghvendra Kumar – Appellant
Versus
State of M. P. – Respondent


This criminal revision under section 397 read with section 401 of the Code of Criminal Procedure is directed against the judgment dated 24.6.94 delivered in criminal appeal No. 21/92 by 1st Addl. Sessions Judge, Betul confirming the judgment delivered by the learned JMFC, Betul in criminal case No. 385/91 on 10.6.92.

The applicant has been convicted under section 409 IPC by the learned trial Magistrate and was sentenced to six days RI. Undisputedly the applicant has already undergone that sentence. However, the applicant filed appeal against the judgment of the learned trial Magistrate before the learned, 1st Addl. Sessions Judge, Betul, who has confirmed the judgment delivered by the learned JMFC.

The facts of this case disclose that the applicant was working as Branch Manager in Adim Jati Sahkari Sewa Samiti at Branch, Sarni. It was the duty of the applicant to maintain accounts. It is alleged that on 4.12.82 applicant did not enter receipt of Rs.391.86/- and on 13.12.82 he did not make entry in the account book of Rs. 1,000/-. The result was that the total account recorded by the applicant in the account book was found to be less to the extent of the aforesaid amount. The prosecut








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