MINAKETAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner calls in question his conviction Under Section 408 of the Indian Penal Code, 1860 (in short 'IPO) and sentence of fine of Rs. 5,000/ -, in default six months' rigorous imprisonment, in addition to sentence till rising of Court awarded by the learned Additional Chief Judi - cial Magistrate, Cuttack and affirmed in appeal by the learned Additional Sessions Judge, Cuttack.

(2.) PETITIONER stood charged for having allegedly committed offences under Secs. 408/467/477 -A, IPC. He was serving as Secretary of Narasinghpur Service Co -operative Society since 197Q. The allegations were that he had misappropriated cash, pesticides, fertilisers, valuing Rs. 8,256.37 paise during the period from 1 -7 -1974 to 30 -6 -1975. He also forged counterfoils of certain receipts and made false entries in the cash book. On these accusations, investigation was taken up, charge -sheet was submitted and the petitioner faced trial.

(3.) THE learned Additional Chief Judicial Magistrate acquitted the petitioner of the charges under Secs. 466 and 477 -A. IPC, but convicted him Under Section 408, IPC as aforesaid. The conviction and sentence were affirmed in appeal.