TMI Blog1970 (2) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Marketing Co-operative Society Ltd., and in such capacity entrusted with certain property to wit a total sum of ₹ 18,200 being the fund of the Society committed criminal breach of trust in respect of the said property and thereby committed an offence punishable under s. 408 of the Indian Penal Code and within the cognizance of this Court. Secondly : that you in between the period of September, 1958 and July, 1959 at the same place being a Secretary in the employment of the Tripura Central Marketing Co-operative Society Ltd., wilfully and with intent to defaud, falsified certain books and other relevant papers to wit cash book etc., which belonged to the said society, your employer and thereby committed an offence punishable u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted an offence punishable u/s 109, I.P.C. read with s. 477-A of the I.P.C. and within my cognizance. The trial court acquitted all the six accused persons. An appeal against the acquittal of all of them was preferred under s. 417 (3), Cr. P.C. in the court of the Judicial Commissioner, Tripura. That court allowed the appeal against S. K. Gupta only and dismissed it as against the others. S. K. Gupta was held guilty of the offence of criminal breach of trust under s. 408, I.P.C. and also of the offence of falsification of accounts under s. 477-A, I.P.C. regarding the sum of ₹ 18,200. He was sentenced under each count to undergo rigorous imprisonment for one year, the sentences to be concurrent. The convict S. K. Gupta has appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . K. Gupta, appellant, it may be pointed out was the Secretary of the Society since April 13, 1957 when the first general meeting of the Society was held and was in that capacity entrusted with its funds. He worked as such till August 10, 1960. He was accordingly responsible for the cash and maintenance of current accounts of the Society during the period in question. Turning to the Bye-laws of the Society, bye-law no. 41 prescribes the duties of the Secretary. According to this bye-law the Secretary has inter alia : (3) To make disbursement and to obtain vouchers and to receive payments and pass receipts, under the general or special orders of the Board of Directors on this behalf from time to time. (4) To keep all accounts and regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduce or goods pledged. Under byelaw 44 loans may be granted to members in suitable cases on such terms and conditions as regards individual and maximum limits, repayment of loan,, rate of interest thereon etc., as may be fixed by the Board of Directors from time to time. According to the learned judicial Commissioner the overall picture emerging .from the evidence on the record, to quote his own words, it (1) A sum of ₹ 18,200/- was said to have been disbursed in 1958 and 1959. (2) It was said to have been repaid in the last week of June, 1959 towards the end of the co-operative year of 1959 and long after the maximum period of 6 months allowed by rule 42 (4) of the byelaws. (3) The same amount was again said to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of the 1st respondent. The 3rd respondent Haradhan Deb was appointed by the 1st respondent in the C.M.S. The 3rd respondent was also an employee of the C.T.S. of which the 1st respondent was a Director. On the basis of these observations the appellant was held to ,have committed criminal breach of trust and to have either misappropriated or misapplied the funds of the Society dishonestly to benefit himself of his relations and friends. Counsel failed to point out any legal infirmity in the final conclusion drawn in the impugned order from the overall picture. Indeed, counsel, after a faint attempt to find fault with this conclusion felt constrained to admit that the money had been advanced against the rules of the Society and also to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, the resolution of the Board of Directors dated January 10, 1960, on which reliance in support of the argument was placed, merely states investments made by the Secretary uptodate are hereby approved without pointing out the provisions under which such approval could validate breaches of the Byelaws. Incidentally it may be mentioned that the learned Judicial Commissioner also entertained some suspicion about the manner in which the meeting, in which this resolution was passed, was held. This- contention of the counsel must, therefore, be repelled. In the last submission the counsel made a grievance against the joint trial of several accused persons on several items of embezzlement. According to him there was a misjoinder of charges ..... X X X X Extracts X X X X X X X X Extracts X X X X
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