- (1.) Leave granted.
(2.) The parties in both the appeals are the same. The appellant was acting as secretary of the respondent Cooperative Society from 16/3/1972 to 24/1/1978. It was alleged by the respondent that during this period the appellant has misappropriated a total sum of Rs. 2,107. 00 and Rs. 1,250. 00 and on that ground two criminal cases being ICC Cases Nos. 57 of 1981 and 56 of 1981 respectively were filed against the appellant. The trial court rejected the defence put forward by the appellant that the amounts were taken as advances after getting proper sanction by the authorities concerned and therefore, there was no case of misappropriation. Consequently, the trial court found the appellant guilty of misappropriation under Section 408 Indian Penal Code in both the cases and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2,000. 00 in default of payment of which to further undergo rigorous imprisonment for six months in ICC Case No. 57 of 1981 and rigorous imprisonment for six months and to pay a fine of Rs. 1,250. 00 in default of payment of which to further undergo rigorous imprisonment for six months in ICC Case No. 56 of 1981.
(3.) The appellant preferred two appeals to the Additional Sessions Judge, Balangir in Criminals Nos. 15/9 and 16/19 of 1988-89. The learned Additional Sessions Judge reduced the sentences to rigorous imprisonment for two months and to pay a fine of Rs. 2,000. 00 in default to undergo rigorous imprisonment for one month in Criminal No. 15/9 of 1988-89 and rigorous imprisonment for two months and to pay a fine of Rs. 1,500. 00 in default to further undergo rigorous imprisonment for one month in Criminal No. 16/19 of 1988-89.;