O R D E R

This Criminal Revision Case is filed to set aside the judgment dated 17.03.2017 passed by the learned I Additional District and Sessions Judge, Vellore, in Crl.A.No.118 of 2011 confirming the judgment rendered by the learned Judicial Magistrate No.2, Vellore, Vellore District in C.C.No.345 of 2007 dated 18.04.2011 and to acquit the petitioner.

2. The petitioner/accused in C.C.No.345 of 2007 was convicted by the learned Judicial Magistrate No.II, Vellore by judgment dated 18.04.2011. The learned Judicial Magistrate acquitted the petitioner for the offence under Sections 467 and 471 I.P.C. and convicted him for the offence under Sections 408 and 477 I.P.C. and sentenced him to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/- for the offence under Section 408 I.P.C. and one year Rigorous Imprisonment and to pay a fine of Rs.1,000/- for the offence under Section 477-A I.P.C. The sentences are directed to run concurrently. Aggrieved by the said judgment, the petitioner preferred an appeal before the I Additional District and Sessions Judge,Vellore in Crl.A.No.118 of 2011. The learned Sessions Judge by judgment dated 17.03.2017 dismissed the appeal confirming the conviction and sentence passed by the trial Court, against which the present revision.

3. The case against the petitioner is that the petitioner was working as Secretary incharge of Nammiyanpattu Tribes Multi Development Co- operative Society from 06.05.2000 to 02.03.2006. On the complaint of Selvamaniam/P.W.1-Deputy Registrar, Central Co-operative Bank, Tiruvannamalai dated 24.07.2006, a case came to be registered by P.W.14. on 23.12.2006. The Petitioner as Secretary of the society is bound to maintain all the registers and records including day book without any irregularities. While discharging his duty during the year 2002-2003, the Government ordered to pay drought relief to 646 farmers and for that purpose a sum of Rs.1,59,388/- and Rs.57,370/- was credited to the Society account. Hence, there was a total amount of Rs.2,16,758/- as drought relief to be given to the eligible farmers and members. The petitioner had withdrawn Rs.1,00,000/- and Rs.57,370/- from the Central Co-operative Bank through Cheque dated 22.07.2003 and 24.07.2003 and without disbursing the amounts to the farmers, the petitioner misappropriated the same. Further, one Duraisamy residing at Kanamalai made a Fixed Deposit of Rs.15,000/- on 29.04.1998 and the same was closed on 02.09.2003 and a principal amount of Rs.15,000/- and interest of Rs.9,750/-, in total Rs.24,750/- was paid to the said Duraisamy. The same was entered in the day book. Again this petitioner withdrawn a cash of Rs.24,750/- and closed the Fixed Deposit and misappropriated a sum of Rs.24,750/-. Further, the petitioner received Rs.21,328/- as drought relief fund. Without paying the relief fund to the weavers, the petitioner made false entry as though payments were made. Thus, in total he misappropriated a sum of Rs.2,53,886.50. P.W.12 caused enquiry under Section 81 of the Co-operative Societies Act against the petitioner through proceedings/Ex.P2. Thereafter P.W.2/Sub Registrar of Co-operative Society conducted an enquiry and found that the petitioner misappropriated the society funds and submitted his enquiry report/Ex.P26. Thereafter, P.W.1 lodged a complaint. P.W.14 received the complaint, proceeded with the investigation, examined witnesses, collected documents, of which, P.W.3 to P.W.11 are the society members and agriculturists. Hence, on conclusion of investigation, charge sheet filed for the offence under Sections 408, 467, 471 and 477-A I.P.C. on

16.06.2007.

4. During trial, P.W.1 to P.W.14 examined and Exs.P1 to P27 marked. On the side of the defence neither witnesses examined nor documents marked. On conclusion of trial, the trial Court convicted the petitioner and the Lower Appellate Court confirmed the conviction as stated above.

5. The contention of the petitioner is that the trial Court on