##PAGE1##

CRL RC No. 1423 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL RC No. 1423 of 2016 P.Kanagavel, Aged 52 Years

S/o.Periyal Muthu Raja, No.5/547, Mariamman Koil Street, South Seyur, Seyur Post, Avinashi Taluk,

Tiruppur District ..Petitioner(s)

Vs

The State Rep. By The Inspector Of Police, CCIW CID Coimbatore

(rural). Cr.No.1 Of 2000 ..Respondent(s)

Prayer: This petition is filed under Section 397 r/w 401 of Cr.P.C against the Judgment in C.A.No.100 of 2015, on the file of First Additional District & Sessions Judge, Coimbatore dated 02.08.2016 confirming the conviction and sentence passed in Judgment C.C.No.58 of 2001 on the file of

the Judicial Magistrate No.IV, Coimbatore dated 15.04.2015.

For Petitioner(s): M/s.S.Kamadevan

For Respondent(s): Mr.L.Baskaran, Govt Advocate

__________

Page1 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2026 05:58:22 pm )

CRL RC No. 1423 of 2016

ORDER

This revision case is preferred against the Judgment in C.A.No.100 of

2015 passed by the First Additional District & Sessions Judge, Coimbatore on 02.08.2016 confirming the conviction and sentence passed in C.C.No.58 of 2001 on the file of the Judicial Magistrate No.IV, Coimbatore dated 15.04.2015.

2 . The case of the prosecution is that the petitioner, while working as a

Secretary of Kovil Vazhil Primary Agricultural Co-operative Bank, was entrusted with bank Bank Cash, Register and other day-to-day affairs of the Society. While being so, the petitioner had taken a sum of Rs.1,136/- as advertisement charges and Rs.1,050/- for painting by making false entry and voucher and thereby misappropriated societies fund. Hence, a complaint was lodged by the Deputy Registrar, Cooperatives and enquiry was conducted under Section 81 of the Tamil Nadu Co-operative Societies Act. Base on that complaint, the respondent police has registered a case in Crime No.1 of 2000. After completing the investigation final report was filed and the same has been taken cognizance and summons were issued to the accused for the offences u/s

477(A) and 408 of Ipc.

__________

Page2 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2026 05:58:22 pm )

CRL RC No. 1423 of 2016

3. On the side of the prosecution four witnesses were marked from

P.Ws.1 to P.W.3 and 17 documents were marked Ex.P.1 to Ex.P.17. On the side of the accused no witness were examined and three documents were marked

Ex.D.1 and Ex.D.2.

4. On the basis of the oral and documentary evidence the trial Court

found the petitioner guilty under section 477(A) and 408 of I.P.C and convicted the petitioner for the offence u/s 408 of I.P.C and sentenced him to undergo six months rigorous imprisonment and to pay fine of Rs.1,000/- in default, he was sentenced to undergo one month simple imprisonment. Further, he was convicted for the offence u/s 477(A) of IPC and was sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs.1,000/- in default, he was sentenced to undergo one month simple imprisonment. Aggrieved by the same, the petitioner preferred a Criminal Appeal in C.A.No.100 of 2015 on the file of the First Additional District and Sessions Judge, Coimbatore and the same was dismissed and the order passed by the Trial Court was confirmed. Challenging

the same the petitioner has filed the present Revision case.

__________

Page3 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2026 05:58:22 pm )

CRL RC No. 1423 of 2016

5. The final report was filed in five C.C.Nos for different periods and for

different types of misappropriations. On the strength of the five final report, the Trial Court had taken cognizance in seperate C.C Nos and issued summons to the accused. However, in two cases the petitioner was acquitted and he has been

convicted in the remaining three cases.

6. The learned counsel for the petitioner submitted that the prosecution

miserably failed to prove the charges under Sections 408 and 477(A)of