ORDER

The revision petitioner was the accused in C.C.No.915/1994 on the file of the Judicial First Class Magistrate Court, Mattannur and the appellant in Crl.Appeal No.63/1999 on the file of the Additional Sessions Court, (Ad hoc), Fast Track-II, Thalassery. The alleged offences are under Sections 418, 420, 408, 409 & 468 of the Indian Penal Code (hereinafter referred to as 'the IPC ').

2. The prosecution allegation is that the accused as a Field Executive of Sudarsan Chits (India) Ltd. (hereinafter referred to as 'the Chits'), Iritty area was instrumental in making false passbooks without the knowledge of the company and started chitty of Rs.10,000/- and thereby cheated several subscribers. It has been alleged that the accused collected money from the subscribers and committed criminal breach of trust.

3. Ext.P19 FIR was registered by PW13, the Station House Officer, Iritty Police Station on the complaint of PW3, the Assistant Area Manager, Mangalore division of the Chits. Later the investigation was conducted by the then Sub Inspector of Iritty Police Station and filed the final report before the court alleging commission of the offences as aforesaid.

4. During the trial, PWs.1 to 14 were examined and marked Exts.P1 to P19 on the prosecution side. On closing the evidence on the prosecution side, the accused was questioned under Section 313(1)(b) of the Cr.P.C. He denied all the incriminating circumstances appearing in the evidence against him. Ext.D1 was marked on the defence side. No oral evidence was adduced on the defence side.

5. The trial court by its judgment dated 3.2.1999 found the accused guilty of the offences under Sections

468, 408 and 418 of the IPC and accordingly the accused was convicted and sentenced thereunder. However, the accused was found not guilty of the offences punishable under Sections 420 and 409 of the and accordingly he was acquitted thereunder. The accused preferred appeal before the Sessions Court, Thalassery. By judgment dated 23.12.2005, the learned Additional Sessions Judge allowed the appeal in part confirming the conviction and sentence rendered under Section 468 of the . However, the accused was found not guilty of the offence under Section 408 of the . The learned Additional Sessions Judge set aside the conviction under Section 418 of the and altered to one under Section 417 of the and sentenced to undergo rigorous imprisonment for one year and also a fine of Rs.1,000/, in default to undergo simple imprisonment for three months. The above sentences should run concurrently. Feeling aggrieved, the revision petitioner is before this Court.

6. Heard Sri.Pranoy.K.Kottaram, the learned counsel for the revision petitioner and Sri.M.S.Breez, the learned Senior Public Prosecutor for the respondent-State.

7. PW14 is one of the additional witnesses examined on the side of the prosecution during the trial. PW14 was working as Assistant Divisional Manager of the Kozhikode division of the Chits. According to him, the Head Office gave an intimation that the accused was conducting chitty having a sala of Rs.10,000/- in the name of the Chits. He had proceeded to Iritty along with PW4 Jayachandran who was then working as one of the collection agents of the Chits and conducted an enquiry. According to him, while so, the accused admitted his guilt and handed over Ext.P9 letter admitting that he had printed 40 passbooks.

8. PW4 was the collection agent of the Chits. He stated that the accused had worked as the Field Executive of the Company. He would say that as per the regulations of the company, the Field Executive had no right to collect subscription and make entries in the passbook. According to him, during September, 1993, PW11 Jose came to the Kannur Branch Office for remitting installment of the chitty having a sala of Rs.10,000/-. Accordingly, he informed PW11 that the company was not conducting chitty having a sala of Rs.10,000/-. On a perusal of the passbook, he had noticed that PW11 produced a fo