O R D E R

Mr.Gunasekaran - the Revision Petitioner herein served as Secretary in Melpallipattu Primary Agricultural Co-operative Society from 09/06/1988 to 13/02/2002. Mr.Rajendra Prasad, Deputy Registrar of Thiruvannamalai Co- operative Societies issued proceedings dated 29/02/2008 under Section 81 of the Tamil Nadu Co-operative Societies Act appointing Mr.Ramalingam, the Field Officer to conduct enquiry regarding irregularities in Melpallipattu Primary Agricultural Co-operative Society. On completion of enquiry, said Ramalingam submitted his report dated 05/06/2008. His report concluded, “Gunasekaran while serving as the Secretary of the said Society was in charge of maintaining daily accounts, documents of the society and responsible to supervise the employees and protect the society interest. He misusing the trust, falsified accounts, forged signatures of the deposit holders and misappropriated a sum of Rs.2,94,202.80”. The enquiry report, under 5 different heads classified the act of crime committed by the then Secretary of the Society.

2. A complaint along with the enquiry report was forwarded to the Superintendent of Police, C.C.I.W-C.I.D to take for necessary action. On receipt of the complaint, F.I.R in Crime No.5/2008 under Sections 408, 467, 471 and 477(A)

of I.P.C was registered and taken up for investigation.

3. On completion of investigation, against Gunasekaran, 3 final reports were filed and same was taken on file by the Judicial Magistrate-II, Vellore and numbered as C.C.No.1/2009, C.C.No.2/2009 and C.C.No.3/2009. 4. The charge against Gunasekaran in C.C.No.03/2009 was for the offences under section 408 I.P.C and 477 A I.P.C. in connection with the forging the signature of Manjula [P.W.2] in the debit slip and debited Rs.40,000/- towards loan and made false entry in the day book. Similarly, forged the signature of Palani [P.W.3], who deposited Rs.25,000/- in the name of his minor son Vasanth. He borrowed loan of Rs.10,000/- only and repaid it, however, forging the signature of Palani, the accused taken away Rs.20,000/- as loan from the FD of Palani.

5. To prove the charges, the prosecution has examined 5 witnesses and marked 9 Exhibits. On the side of the defence, accused has examined 2 witnesses.

6. The Trial Court held the accused guilty of offence under Sections

408 and 477-A of I.PC and sentenced to undergo six months R.I and to pay fine of Rs.500/-, in default three months S.I for offence under Section 408 of I.P.C and sentenced to undergo six months S.I and to pay fine of Rs.500/-, in default three months S.I for offence under Section 477-A of I.P.C.

7. Aggrieved by the said conviction and sentence, the appeal before the I Additional District and Sessions Judge, Vellore was filed in C.A.No.11/2010 and same was dismissed on 05/03/2015. Being aggrieved by the concurrent finding of guilt, the accused has filed this revision petition.

8. In this revision petition, the specific ground challenging the correctness and legality of the Appellate Court judgment in C.A.No.11/2010 confirming the judgment in C.C.No.3/2009 are:-

The allegation of the prosecution is that, the petitioner misappropriated Rs.25,000/- by fabricating the day book as if, one of the Fixed depositor by name Manjula had availed loan of Rs.25,000/- dated 18.12.1997. Except the entry in the day book of the particular date, which is also counter signed by the President. There is no other evidence against this petitioner to show the entry was made by him and he misappropriated for Rs.10,000/- by falsifying the account. Further, there is no witness has spoken about any entrustment to the petitioner as Clerk or Servant of the Society.

9. For the purpose, the Learned Counsel for the petitioner would rely upon the deposition of the said Manjula [P.W.2], wherein, she had deposed that, she invested Rs.50,000/- as Fixed Deposit in the complainant's Society, for which, they gave a receipt. On maturity, she received back the money with interest, she has not availed a