Secondly that Shri Sushil Kumar Gupta, Secretary of the Tripura Central Marketing Co operative Society Ltd. in between the period of September, 1958 and July, 1959 at Agartala p.s.
Except the 2nd and 4th respondents, the others were number members of the Co operative Society and in this regard the 1st respondent disregarded sub rule 1 ,of r. 42 of the byelaws.
18,200/ was said to have been disbursed in 1958 and 1959.
10/ was paid to cash a cheque on 29 6 1959 shows that the society had numberfunds on that day.
Appeal from the judgment and order dated January 9, 1967 of the Judicial Commissioners Court Tripura, Agartala in Criminal Appeal Case No.
The 1st respondent did number obtain any general or special orders of the Board of Directors to make the disbursements and violated sub rule 1 of r. 42 of Ext.
That companyrt allowed the appeal against S. K. Gupta only and dismissed it as against the others.
As the appellant was tried jointly along with five others who have been acquitted and as if was argued on behalf of the appellant that in view of the acquittal of his companyaccused the appellant also should have been acquitted, the charges against them may also be reproduced That Sushil Kumar Gupta, Secretary of the Tripura Central Marketing Co operative Society Ltd., in between the period of September, 1958 and July, 1959 at Agartala p.s.
The three persons to whom ultimately the amounts were said to have been disbursed are interested in the 1st respondent.
P.C. in the companyrt of the Judicial Commissioner, Tripura.
It was said to have been repaid in the last week of June, 1959 towards the end of the companyoperative year of 1959 and long after the maximum period of 6 months allowed by rule 42 4 of the byelaws.
8 of 1963.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
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.
An appeal against the acquittal of all of them was preferred under s. 417 3 , Cr.
which belonged to the said society, your employer and thereby companymitted an offence punishable under S. 477 A of the Indian Penal Code and within the companynizance of this Court.
18,200 being the fund of the Society companymitted criminal breach of trust in respect of the said property and thereby companymitted an offence punishable under s. 408 of the Indian Penal Code and within the companynizance of this Court.
Secretary in the employment of the Tripura Central Marketing Co operative Society Ltd., and in such capacity entrusted with certain property to wit a total sum of Rs.
The Judgment of the Court was delivered by Dua, J. Pursuant to a companyplaint by Shri Joy Shanker Bhattacharyya, the appellant Sushil Kumar Gupta was tried in the companyrt of Assistant Sessions Judge, Tripura on the following charges That you in between the month of September, 1958 and July, 1959 at Agarwala P. Kotwali being a servant viz.
18,200/ was disbursed.
K. Ramamurthi, J. Ramamurthi and Vineet Kumar, for the appellant.
R. Khanna and R. N. Sachthey, for the respondent.
P 56 and P 59 show that the alleged companylections of the monies in June 1959 was false and that the accounts were got up.
The same amount was again said to have been ,disbursed in a few days in the first week of July companymencing with the next companyperative year 1959 60 .
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.,
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, P.C. regarding the sum of Rs.
None of the alleged loanees was a Jute grower and numberjute was deposited in the godowns of the society before the advances were made and in this regard the mandatory provisions of sub r. 2 of r. 42 were also disregarded by the 1st respondent.
The 4th respondent C. C. Das Gupta is a relation of the 1st respondent and proved by P. Ws 1, 6 and 8 and as admitted by the 4th respondent himself in Ext.
The fact that a discount of Rs.
