9911796707
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Issues:
1. Appeal against acquittal of the accused under s. 417(3), Cr. P.C. 2. Allegation of criminal breach of trust and falsification of accounts. 3. Legal challenge regarding acquittal of co-accused. 4. Examination of Byelaws and responsibilities of Secretary. 5. Analysis of evidence regarding embezzlement and falsification. 6. Consideration of ratification by Board of Directors. 7. Joint trial of accused and misjoinder of charges. 8. Certification for appeal to the Supreme Court under Art. 134(1)(c). Detailed Analysis: 1. The appeal was made against the acquittal of the accused under s. 417(3), Cr. P.C. The Judicial Commissioner allowed the appeal against one accused for criminal breach of trust and falsification of accounts, sentencing him to rigorous imprisonment. The appellant challenged the acquittal of co-accused, arguing that the acquittal did not negate the charges against him. 2. The appellant was accused of criminal breach of trust and falsification of accounts regarding funds of a cooperative society. The Judicial Commissioner found evidence of misappropriation and violation of Byelaws. The appellant's responsibility as Secretary was crucial in establishing the charges of embezzlement and falsification. 3. The legal challenge regarding the acquittal of co-accused was dismissed as the acquittal was not based on a lack of evidence for embezzlement. The appellant's role as Secretary and the evidence presented supported the charges against him, irrespective of the acquittal of others. 4. The examination of Byelaws highlighted the duties of the Secretary, emphasizing proper disbursement and accounting practices. The appellant's actions were scrutinized in light of these Byelaws to establish the breach of trust and falsification of accounts. 5. The analysis of evidence revealed discrepancies in fund disbursement, lack of authorization for transactions, and false accounting practices. The appellant was found to have benefited himself and others through dishonest practices, leading to the conviction for criminal breach of trust and falsification. 6. The consideration of ratification by the Board of Directors was rejected as there was no provision empowering the Board to validate breaches of Byelaws. The argument that ratification negated criminal charges was dismissed, emphasizing the seriousness of the breach of trust. 7. The joint trial of accused persons on multiple charges was deemed lawful, with no indication of misjoinder affecting the trial. The charges under s. 408 and s. 477-A, IPC, were considered appropriate for a joint trial, with no failure of justice noted. 8. The certification for appeal to the Supreme Court under Art. 134(1)(c) was found to lack substantial legal questions. The Court emphasized the stringent criteria for certification and dismissed the appeal due to the absence of significant legal issues, highlighting the limited scope for appeal in criminal matters.
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