O R D E R

This Criminal Revision Case has been filed by the petitioner/accused challenging the judgment passed by the learned I Additional District and Sessions Judge, in Crl.A.No.165 of 2011 dated 16.02.2017, confirming the Judgment passed by the learned Judicial Magistrate-II, Vellore, in C.C.No.53 of 2007 dated 20.07.2011, wherein, the petitioner was convicted and sentenced to undergo one year Rigorous Imprisonment and imposed to pay a fine of Rs.1,000/-, and in default to undergo Simple Imprisonment for one month for each of the offences under Sections 408 and 477-A IPC and both the sentences were ordered to run concurrently.

2. The case of the prosecution is that the petitioner was appointed as Secretary in Chengam Agricultural Producers Co-operative Marketing Society and functioned as the Secretary from 01.04.2001 to 30.01.2004. PW1-Mr.Pandurangan, Deputy Registrar of Co-operative Societies, Tiruvannamalai, had passed an order under Section 81 of the Tamil Nadu Co- operative Societies Act 1983, and nominated PW6-Mr.Banu, to conduct enquiry relating in connection with certain irregularities in the Chengam Agricultural Products and Marketing Co-operative Society vide Ex.P1 proceeding dated 01.03.2004 and the enquiry period was extended through Ex.P2 proceedings. PW6 conducted enquiry and submitted Ex.P34 report to the Deputy Registrar. PW1 perused the report and preferred a complaint to S.P.CCIW Wing, Chennai. Then it was assigned to D.S.P.CCIW Wing, Villupuram and then forwarded to CCIW Wing of Tiruvannamalai for investigation. On receiving the complaint, PW7, Inspector of Police(CCIW) registered a case in Ex.P35 (FIR) and PW8, another Inspector of Police conducted the investigation and recorded the statement of witnesses, including PWs.2 to 5 and seized the records from the Society and filed the charge sheet against this petitioner for the offences under Sections 408 and

477-A IPC.

3. After the case was taken on file and complying with all the legal mandates, the petitioner/accused was questioned. Since the petitioner/accused pleaded innocence and claimed to be tries, the trial was conducted.

4. During the course of trial, on the side of the prosecution, 8 witnesses have been examined as PW1 to PW8 and 35 documents were marked as Exhibits P1 to P35. PW2 and PW5 deposed that they have not supplied any rice or red chilli to the Society and received amount from the Society. PW6 deposed that this petitioner has made false entries as though PW 2 to PW4 have supplied rice to the Society and PW5 supplied red chilli to the Society and took the money for themselves. The relevant entries for receiving the amount was not made though the salesman of Chengam Ambedkar Nagar Co- operative Society remitted the sales amount; not handed over the balance stock of crackers and empty gunny bags to the successors and made false entries for the closing balance either in excess or in deficit suiting to the convenience of the petitioner. When the accused was questioned under Section 313 Cr.P.C., with regard to the incriminating materials available in the evidence, he denied the same. On the side of the defence, no witness was examined and no documents were marked.

5. After conclusion of the trial and considering the materials available on record, the trial Court has found the accused guilty of the offence under Sections 408 and 477-A of IPC and convicted and sentenced as follows:

6. Aggrieved by the same, the accused had preferred an appeal before the learned I Additional District and Sessions Judge, Vellore in Crl.A.No.165 of 2011, dated 1