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2016 DIGILAW 59 (MAD)

Samy Asari @ Suresh v. State rep. By Inspector of Police Commericial Crime Investigation Wing Dharmapuri

2016-01-05

C.T.SELVAM

body2016
ORDER : The petitioner has filed the present revision against the judgment of the learned Judicial Magistrate, Harur dated 19.10.2015 in C.M.P.No.5367 of 2015 in C.C.No.77 of 2015. 2. The case of the prosecution was that petitioner/A3, who was working in the Ponneri Primary Agricultural Co-Operative Society, alongwith A1 and A2, prepared forged documents, placed duplicate jewels in place of gold jewels pledged by customers misappropriated the same and thereby caused loss to the Ponneri Primary Agricultural Co-Operative Society. 3. Heard learned counsel for petitioner and learned Government Advocate (Crl.side). 4. The petitioner sought discharge in C.M.P.No.5367 of 2015. In dismissing such petition, the Court below took into consideration the position that the final report informed of A1 and A2 having misappropriated monies, of their being jointly responsible for maintaining registers of the Society and repelled the contention of the petitioner that as an appraiser working under them and maintaining records under their directions, he could not be held liable. It also rejected the contention that as the accused 1 and 2 had admitted guilt, repaid the entire monies and their claim for release on probation had been accepted, petitioner should be discharged. It held that the appreciation of evidence and materials gathered by the investigating officer would have to be done in the course of trial. 5. This Court finds no error in the order under challenge. The Criminal Revision is dismissed. Consequently, the connected miscellaneous petition is closed.