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Head Note

Indian Penal Code,1860  - Section 409 , Section 34 , Section 467 , The Code of Criminal Procedure, 1973  - Section 357

Reduction of Sentence - Misappropriation of Funds - Forging the documents and falsifying the accounts - Bank Managers - empowered to sanction the loans - pledging gold and gold ornaments - During the audit 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 - 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 - 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 2.1.2024 - The appellants are aged persons as on date and are said to be not keeping good health - In the totality of the circumstances, therefore, court inclined to modify the sentence awarded to the appellants suitably.

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