The High Court, Aurangabad Bench, in a criminal revision, maintained the conviction and fine but reduced the substantive sentence of simple imprisonment to the period already undergone by the appellant.
Conviction and fine maintained; sentence reduced to period already undergone; bail cancelled.
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(1) Cri. Revn. Appln. No. 154 of 2003
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Criminal Revision Application No. 154 of 2003
Macchindra Patu Girase, Age : 40 years, Occupation : Service, R/o. Vani, Taluka : Sindkheda, .. Revision Applicant District : Dhule. (Original accused)
versus
The State of Maharashtra. .. Respondent.
Mr. J.K. Bansod, Advocate, holding for Mr. S.P. Brahme, Advocate, for the revision applicant.
Mr. U.S. Mote, Additional Public Prosecutor, for the respondent - State.
CORAM : SMT. SADHANA S. JADHAV, J.
DATE : 19TH MARCH 2015
PER COURT :
(2) Cri. Revn. Appln. No. 154 of 2003
The applicant was serving as Secretary in Devi Vividh Karyakari Seva Society Ltd., Devi [Taluka : Sindkheda, District : Dhule]. The audit of the said Society was carried out for the period from 1-11-1983 to 31-101984. The applicant was called upon by the Auditor to produce the record and cash in hand for the purpose of verification. The applicant / accused had failed to produce before the Auditor, cash of Rs. 3015.15. Upon verification of the account, the Auditor was of the opinion that the applicant herein has not maintained the accounts properly and, therefore, he had arrived at a conclusion that there has been falsification of accounts.
(3) Cri. Revn. Appln. No. 154 of 2003
The Auditor had also arrived at a conclusion that the applicant herein has misappropriated an amount of Rs. 7015.15 out of the funds of the Society, and therefore, the Auditor had issued a notice to the applicant. The applicant herein deposited an amount of Rs. 3100/- till 16-5-1985. He had also given an undertaking in writing, that he will deposit rest of the amount of Rs. 3915.15 up to the end of 15-6-1985. The applicant had failed to abide by the undertaking given by him. The matter was, therefore, referred to the District Special Auditor and thereafter, the Special Auditor directed the Auditor to lodge a complaint against the present applicant. On the basis of the complaint of the Auditor, Crime No. 33/1988 was registered by PSO, Sindkheda. The applicant / accused was arrested on 29-11-1988. After completion of investigation, present applicant was charge sheeted for offences punishable under Sections 477A and 408 of the Indian Penal Code. The case was registered as R.C.C. No. 15/1989.
(4) Cri. Revn. Appln. No. 154 of 2003
42/1996 before the Sessions Court at Dhule. The learned 4th Additional Sessions Judge, Dhule, vide judgment and order dated 5th March 2003, has been pleased to dismiss the appeal. Hence, the present revision application.
within one month from the date of notice of misappropriation.
[1] The conviction of the applicant - accused for the offences punishable under Sections 408 and 477-A of the Indian Penal Code is maintained. The sentence of fine is also maintained.
[2] The substantive sentence of the applicant - accused is reduced to the period which he has already undergone.
( SMT. SADHANA S. JADHAV )
JUDGE
puranik / CRIREVN154.03
2 issues framed by the court
Whether the conviction for criminal breach of trust is maintainable despite delay in filing revision.
Whether the sentence of imprisonment should be reduced to the period the appellant has already undergone.
Colour shows how this judgement treated each authority
Dagadu Shamrao Deshmukh Vs. State of MaharashtraDistinguished¶4
Dagadu Shamrao Deshmukh Vs. State of Maharashtra, 1982 Cri.L.J. 559 · Who else cites this
2 provisions across 1 enactments
Macchindra Patu Girase
The State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
