(1.) The present respondent, Parma Nand, was posted J as a Guard -cum -Peon in the United Commercial Bank, Rajgarh Branch. | He was prosecuted under section 406/420 I. P. C. by Rajgarh Police. In brief, the case put up against him was that in the months of May, June and July, 1978, while acting as a Guard -cum -Peon of the bank, he has dishonestly received from different persons different amounts on different dates by inducing the said persons that the amount shall be deposited in their respective accounts in the bank and the accused was further alleged to have made entries in the respective pass books of such persons to give an impression that the amount has been actually deposited in the bank. There were about 11 persons who became the prey of this Parma Nand and the amount ranged from Rs. 10 to Rs. 300.
(2.) Parma Nand was convicted of the aforesaid charges vide judgment dated 23 -4 -1982 passed by the Chief Judicial Magistrate, Sirmourand was sentenced to undergo rigorous imprisonment for a period of six months! and also to pay a sum of Rs. 100 as fine on each count.
(3.) The aforesaid conviction and sentence were assailed by Parma Nand in an appeal preferred before the Sessions Judge, Nahan, who, after hearing the parties, maintained the conviction under section 406 I.P.C. only, but instead of sentencing at once, gave the appellant the benefit of section 360 of the Code of Criminal Procedure and the convict was ordered to furnish a personal bond in the sum of Rs. 1,000 with one surety in the like amount for one year and was required to be of good behaviour during this period. This judgment was passed on 8 -9 -1982.