(1.) THE acquittal of the respondent Partap Singh, a Salesman of the `Neri Cooperative Marketing-cum- Processing Society Limited' who later became its President, has been challenged in this appeal by the State for the offence punishable under Section 408 of the Indian Penal Code, allegedly for misappropriating an amount of `20,223.85 paise.
(2.) I have heard the learned counsel for the parties and have carefully reappraised the evidence on record.
(3.) DURING the investigation, police came to the conclusion that the respondent Partap Singh was the Salesman of the said Society w.e.f. the year 1988 to 2.7.1989 and later remained as its President. It is alleged that during the period he remained as Salesman. He had acknowledged the receipt of `20,223.85 paise to at page-158 of the Cash Book Ex.PW4/E under his signatures, to which he failed to count for hence, misappropriated/ embezzled the said amount.