Criminal proceedings initiated against the accused based on an enquiry report, which was filed beyond the statutory period, would get vitiated.

BAIL SLIP

The

Petitioner/Accused

namely

D.Chittaranjan,

S/o.Late.Dhandapani was released on bail by the order of this

Court dated 19.06.2015 made in M.P.NO.1 of 2015 in Crl.R.C.No.555

of 2015 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA

Crl.R.C.No.555 of 2015

D.Chittaranjan

... Petitioner

Vs.

State Rep by

Inspector of Police,

C.C.I.W/C.I.D, Thiruvellore. .. Respondent

Criminal Revision filed under Sections 397 and 401 Cr.P.C

praying to allow this Revision by setting aside the conviction

and sentence confirmed by the IV Addl. Dist. & Sessions Court at

Ponneri in C.A.No.34/2009 dated 13.4.2015 on the order passed by

the learned Judicial Magistrate II, Ponneri dated 24.7.2009 in

C.C.No.76 of 1999.

For Petitioner

: Mr.S.Karthikeyan

for M/s.C.J.Krishnamoorthy

For Respondent : Mr.A.Gopinath

Government Advocate (Crl. Side)

*****

O R D E R

This Criminal Revision has been preferred challenging the

judgment of the learned IV Additional District and Sessions

Judge, Ponneri dated 13.04.2015 made in C.A.No.34 of 2009, which

confirmed the judgment of the learned Judicial Magistrate-II,

Ponneri dated 24.07.2009 made in C.C.No.76 of 1999.

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2. The petitioner/second accused is the Secretary of Adhi

Diravida Brick Chamber Labourers Co-Operative Society at

Thathamanji Village. The first accused, who is no more now, was

the President of the said Society. The case of the prosecution

is that the accused misappropriated a sum of Rs. 15,538/- by

falsifying the accounts of the Society under various heads and by

preparing vouchers and presenting cheques to the tune of

Rs.15,538/- and they committed the offence under Sections 406,

408 r/w 109 and 477A IPC.

3. On the complaint given by PW1-Ramalingam/General

Manager of Adhi Diravida Brick Chamber Labourers Co-Operative

Society on 04.12.1996 before the Commercial Crime Investigation

Wing, a case has been registered in Crime No.1 of 1997 by

PW5/Sornavelayutham. The complaint was made on the basis of the

enquiry report submitted by PW3-Enquiry Officer. According to

the Enquiry Officer/PW3, the enquiry was ordered to be conducted

on 18.11.1993 in RC.No.913/IC 3/93 dated 18.11.1993 by the

General Manager, Industries and Commerce, District Industries

Centre, Guindy. The enquiry was completed on 09.08.1994 and the

report had also been submitted. Only on the basis of the said

report (Ex.P30), the complaint has been given by PW1.

PW5/Sornavelayutham, Inspector of Police, after registering the

FIR, took up the case for investigation, seized various Registers

and records maintained by the Society. After completing his

investigation, he filed the charge sheet against the accused 1

and 2 for the offences under Sections 406, 408 read with 109 and

477(A) IPC.

4. According to the final report, the total amount found

to have been misappropriated is Rs.15,538/-. After the case was

taken on file and on being satisfied with the materials available

on record, the learned Trial Judge framed charges against the

accused under Sections 408, 406 r/w 109 and 477A IPC. When the

accused were questioned, they pleaded innocence and claimed to be

tried.

5. During the course of the trial, on the side of the

prosecution 5 witnesses were examined as PW1 to PW5 and 32

documents were marked as Exs.P1 to P32. On the side of the

defence, no witness was examined and no document was marked.

6. At the conclusion of the trial and on considering the

evidence available on record, the learned Trial Judge found the

accused guilty for the offence under Sections 406, 408 read with

109 and 477(A) IPC and convicted and sentenced the accused as

under:-

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Accused

Conviction

Punishmen