' Khawaja Abdul Majeed petitioner was Assistant Accountant, Sunshine Textile Mills, Sheikhupura in the year 1979. There was a surprize check of the accounts and the cash which were the responsibility of the petitioner on 17-5-1979. Cash Rs,31,417 was found to be in hand. Further, checking disclosed defalcation of Rs,90,738.95. On this Muhammad Hassan Niazi (P.W.10) the complainant Manager of the Mills submitted application (Exh.PJ) to P.S. Sadar Sheikhupura on 14-7- 1979. Case was registered and investigated.
2. The appellant was charged under section 420/468/471/408, P.P.C. and vide judgment dated 14- 6-1982 convicted by M.I.C. Sheikhupura on each count and sentenced to three years' R.I. and a fine of Rs,5,000 or in default thereof one year R.I. on each count. He appealed. The learned Additional Sessions Judge, Sheikhupura vide judgment dated 8-7-1984 set aside the conviction under sections 420/468 and 471, P.P.C. He maintained the conviction under section 408 and reduced the sentence to one year R.I. and a fine of Rs,5,000 or in default thereof two months R.I. in lieu thereof.
He filed a revision petition against the same. Muhammad Hussain Niazi complainant has filed revision petition for the enhancement of the sentence.
3. None appeared for Khawaja Abdul Majeed petitioner though the names of his counsel who are from the local Bar appear in the cause list. The matters being very old it has been considered appropriate to go through the record with the help of the learned counsel for the State and the complainant and to dispose of the matters finally.
4. The judgment of the learned Additional Sessions Judge is clear that the charge under section 408, P.P.C. could only be said to have been proved against the petitioner. In this respect the evidence consists of the statements of Khusru Masaud, the Manager of the Mill, Muhammad Hussain Niazi, also Manager (P.Ws.9 and 10) and Muhammad Rafique, Officer U.B.L. coupled with the cheque P.W.11/1 issued by the Mills and got encashed by the accused petitioner and entry at page No,127 of Cash Register (Exh.PL) wherein instead of entering Rs,36,000 petitioner made entry'of Rs,3,600. The statements of the two Managers as correctly concluded by the two Courts below are sufficient to say that cheque was issued, it was taken to the bank by the petitioner and got encashed. The statements get full support from the statement of Muhammad Rafique, the Officer of the concerned bank. The accounts books were admittedly maintained by the petitioner and instead of making the entry of Rs,36,000 he made the entry of Rs,3,600 and thus defalcated the remaining amount.
5. I, therefore; agree with the conclusion reached by the learned Additional Sessions Judge, Sheikhupura. The revision petition filed by Abdul Majeed fails and is hereby dismissed. The matter being very old, it would not be proper and appropriate to admit the revision petition filed by Mr. Niazi petitioner for regular hearing at this late stage. The same is dismissed. Abdul Majeed petitioner would be taken into custody and sent to jail to serve the sentence.
Revision .