Reduction of Sentence – Embezzlement of Rs.43,500/- – Deposited Rs.5,76,000/- for alleged embezzlement in to trial court as per order of Apex court – Appellants are aged person – not keeping good health – Apex court held that In the totality of the circumstances, therefore, we are inclined to modify the sentence awarded to the appellants suitably. Accordingly, we reduce the sentences awarded to the appellants in both the appeals to the period already undergone by them. The deposit of Rs.5,76,000/- made by the appellants in the present case will not prejudice them in so far as other cases pending against them and the said deposit shall be deemed to be compensation in terms of Section 357 Cr.PC towards embezzlement allegedly committed by the appellants and the same shall be released to the complainant-bank, if not already released. With the above modification in sentence, these appeals are partly allowed and disposed of =
The charges in the present case pertained to embezzlement of
the amount of Rs.43,500/- for the period from 30.3.1995 to 3.11.1995.
We also find that the total amount of Rs.5,76,000/- allegedly
embezzled by the appellants have already been deposited before the
Trial Court pursuant to our order dated 2.1.2013. The appellants are
aged persons as on date and are said to be not keeping good health.
In the totality of the circumstances, therefore, we are inclined to
modify the sentence awarded to the appellants suitably.
8. Accordingly, we reduce the sentences awarded to the appellants
in both the appeals to the period already undergone by them. The
deposit of Rs.5,76,000/- made by the appellants in the present case
will not prejudice them in so far as other cases pending against them
and the said deposit shall be deemed to be compensation in terms of
Section 357 Cr.PC towards embezzlement allegedly committed by the
appellants and the same shall be released to the complainant-bank, if
not already released. With the above modification in sentence, these
appeals are partly allowed and disposed of.
2014(May.Part) http://judis.nic.in/supremecourt/filename=41538
T.S. THAKUR, C. NAGAPPAN
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1166 OF 2014
[Arising out of Special Leave Petition (Crl.) No.84 of 2013]
With
CRIMINAL APPEAL NO. 1181 OF 2014
(Arising out of Special Leave Petition (Crl.) No.85 of 2013)
Dayanand Ramkrishna Shet … Appellant(s)
versus
State of Karnataka … Respondent(s)
J U D G M E N T
C. NAGAPPAN, J.
1. Leave granted in both the special leave petitions. CRMP No.3134
of 2013 and CRMP No.13115 of 2013 seeking extension of time for
deposit are allowed.
2. The appeals are preferred against the judgment dated 13.9.2011
passed by the High Court of Karnataka Circuit Bench at Dharwad in
Criminal Appeal no.838 of 2005.
3. The appellants in both the appeals are accused nos. 1 and 2
respectively in C.C. no.135 of 2001 on the file of Principal J.M.F.C.,
Honnavar and they were tried for the offences punishable under
Sections 409 and 467 of IPC and the Trial Court acquitted them of the
charges. Challenging the same the State preferred appeal in Criminal
Appeal no.838 of 2005 on the file of the High Court of Karnataka and
the High Court after hearing both sides allowed the appeal and set
aside the judgment of acquittal and found both the accused guilty of
the charges framed and sentenced them each to undergo one year simple
imprisonment and to pay a fine of Rs.10,000/-, in default to undergo
simple imprisonment for three months for the offence punishable under
Section 467 read with Section 34 IPC and further sentenced them each
to undergo one year simple imprisonment and to pay a fine of
Rs.10,000/-, in default to undergo three months simple imprisonment
for the offence punishable under Section 409 read with Section 34 IPC
and directed the sentences to run concurrently. Challenging the
conviction and sentence both the accused have individually preferred
these appeals.
4. Briefly the facts of the case are as follows : Accused no.1-
Dayanand Ramkrishna Shet was the Manager and accused no.2-Marthappa
Radhakrishna Shet was the Assistant Manager in Suvarnakarar Co-
operative Society Ltd. and they were empowered to sanction the loans
to the customers of the bank on the security by pledging gold and gold
ornaments. During the audit conducted for the period from 1.4.1997 to
31.3.1998, PW26-Balakrishna Subraya Naik found that an amount to the
tune of Rs.5,76,000/- has been misappropriated by the accused nos.1
and 2 by forging the documents and falsifying the accounts. On the
complaint at the instance of the Deputy Registrar of Co-operative
Society a case under Crime no.285 of 1999 came to be registered on
1.12.1999 against both the accused for the offences punishable mainly
under Sections 467 and 409 read with Section 34 IPC for the
misappropriation of the amount of Rs.43,500/- during the period from
30.3.1995 to 3.11.1995 and after investigation the final report came
to be filed. The Trial Court framed charges under Sections 467 and
409 read with Section 34 IPC and the prosecution examined PW1 to PW35
and marked Exs. P1 to P72 besides MOs 1 to 22. Ex.D1 was marked as
side of the defence. The Trial Court acquitted both the accused only
on the ground that the sanction to prosecute as required under the
provisions of the Karnataka Co-operative Society Act was not obtained.
The State preferred the appeal and the High Court set aside the
judgment of acquittal by allowing the appeal and convicted and
sentenced both the accused as directed above.
5. Challenging the conviction and sentence both the accused
preferred independent appeals and this Court by common order dated
2.1.2013 directed both the appellants to deposit a sum of Rs.2,88,000/-
each being the sum embezzled by them, before the Trial Court within
four weeks and subject to that condition issued notice to the
respondent to the question of sentence only and further directed the
Trial Court to release the said amount to the complainant bank.
6. The learned counsel for the appellants submitted that the
appellants have deposited the entire sum as directed and have also
paid the fine and the appellants are now aged 64 and 52 years
respectively and not keeping good health. We also heard the learned
counsel appearing for respondent-State.
7. The charges in the present case pertained to embezzlement of
the amount of Rs.43,500/- for the period from 30.3.1995 to 3.11.1995.
We also find that the total amount of Rs.5,76,000/- allegedly
embezzled by the appellants have already been deposited before the
Trial Court pursuant to our order dated 2.1.2013. The appellants are
aged persons as on date and are said to be not keeping good health.
In the totality of the circumstances, therefore, we are inclined to
modify the sentence awarded to the appellants suitably.
8. Accordingly, we reduce the sentences awarded to the appellants
in both the appeals to the period already undergone by them. The
deposit of Rs.5,76,000/- made by the appellants in the present case
will not prejudice them in so far as other cases pending against them
and the said deposit shall be deemed to be compensation in terms of
Section 357 Cr.PC towards embezzlement allegedly committed by the
appellants and the same shall be released to the complainant-bank, if
not already released. With the above modification in sentence, these
appeals are partly allowed and disposed of.
…………………………….J.
(T.S. Thakur)
……………………………J.
(C. Nagappan)
New Delhi;
May 9, 2014
advocatemmmohan 
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