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1996 (2) TMI 553

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..... to have misappropriated a sum of ₹ 1548.78p by falasifying the accounts. He was prosecuted i a criminal case and convicted under Section 409 of the Indian Penal Code and sentenced. On appeal, the conviction was altered from Section 409 to Section 468 of the Indian Penal Code. Section 468 reads: Whoever commits forgery intending that he document forged shall be used for the purpose of c .....

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..... is a clear case attracting under proviso (a) to Article 311 (2) of the Constitution. In a case of such nature - indeed, in cases involving corruption there cannot be any other punishment than dismissal. Any sympathy shown in such cases is totally uncalled for the opposed to public interest. The amount misappropriated may be small or large; it is the act of misappropriate that is relevant. The Dir .....

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