Law: Penal Code (XLV of 1860)

Section: 21(10)

Penal Code (XLV of 1860), S. 21 (10)-Secretary of Central Co-operative Bank-Not a public servant.   Secretary of a Central Co-operative Bank is not a public servant within the meaning of clause 10 of section 21 of the Penal Code.   Salimullah Khan v. The Crown 6 D L R 527 fol.   Sridhan Mahadeo Pathak v. Emperor A I R 1935 Bom. 36 ref.    JUDGMENT   ISPAHANI, J.----These are two appeals which are heard together for convenience. In both the appeals, the appellant is Abdul Wahab Mia. He is the Secretary of the Mathbaria Cent ral Co-operative Bank within P.S. Marthabari. It was alleged that he had committed criminal misappropriation of the funds of the said Bank while he was the Secretary. On 26th January 1956, when the case was opened before the Special Judge, Bakarganj, on the prayer of the Public Prosecutor, the case was split up into two cases, namely, Special Case No. 1 of 1955 out of which Criminal Appeal No. 164 of 1956 arises and Special Cases No. 1/A of 1955 out of which Criminal Appeal No. 163 of 1965 arises. Both the cases were heard by the said Special Judge and in Special Case No. 1 of 1955 the appellant was convicted under section 409 of the P.P.C: and sentenced to rigorous imprisonment for 2 years and also sentenced to pay a fine of Rs. 6,000, in default to rigorous imprisonment for 6 months more. Out of the fine, if realized, Rs. 4,237 was ordered to be paid to Mathbaria Central Co-operative Bank. In Special Case No. 1/A of 1955 he was convicted under section 409 and sentenced to rigorous imprisonment for 2 years and also to pay a fine of Rs. 7,000, in default to rigorous imprisonment for 6 months more. Out of the fine, if realized, Rs. 5,824 was ordered to be paid to the said Bank. The sentence ;in this case was ordered to run concurrently with the sentence passed in Special Case No. 1 of 1955.   In Criminal Appeal No. 164 of 1956, as Secretary of Mathbaria Central Co-operative Bank and as a public servant, the appellant is alleged to have misappropriated a sum of Rs. 4, 237 of the Bank between the period 30th November 1948 to 21st November 1949. That amount comprises three different items. In Criminal Appeal No.…