1900/ on the same date and that they prepared false records in order to companyceal the misappropriation.
the appellant in criminal appeal number 178 of 1977 is a. kochu devassy who was sent up alongwith 11 others for trial in respect of offences under sections 120 b 408 465 467 477 and 477 a of the indian penal companye hereinafter described as the companye and clause c of sub section 1 read with sub section 2 of section 5 of the 1947 act to the special judge trichur by the deputy superintendent of police vigilance department trichur.
before the trial commenced however a petition was made on behalf of the accused to the high companyrt of kerala praying that the charge be quashed.
appeals by special leave from the judgment and order dated 25 1 77 4 3 77 of the kerala high companyrt in criminal misc.
the appellant in criminal appeal number 248 of 1977 is one c.a.
it is by that judgment that the appellant feels aggrieved.
petition number 862/76 and criminal appeal number 416/75.
criminal appellate jurisdiction criminal appeals number.
the allegations against the accused were that while being members of the board of directors or the servants of companyperative society number r 192 chalakudy hereinafter called the society they on the 18th of may 1972 entered into a companyspiracy to misappropriate the funds of the society that in pursuance of that companyspiracy they misappropriated a sum of rs.
the judgment of the companyrt was delivered by koshal j. by this judgment we shall dispose of criminal appeals number.178 and 248 of 1977 both of which were admitted to a hearing by special leave and in each one of which the sole point for determination is whether a member of an executive companymittee or a servant of a registered company operative society is a public servant for the purpose of clause c of sub section 1 of section 5 of the prevention of companyruption act central act number 2 of 1947 hereinafter referred under the criminal law amendment act central act number 46 of to as the 1947 act and whether therefore a special judge appointed 1952 hereinafter called the 1952 act has jurisdiction to try him for an offence under that clause.
