- (1.) HEARD learned counsel for the applicant and learned A. G. A.
(2.) IN this case there is an admission by the appellant that he had encashed one cheque of Rs. 2,025, although he has been charged with encashment of three cheques. He was an Assistant Clerk in Hindu INter College, Atarra, and the informant was the Principal of that college. So far as the charge of three che ques or one cheque is concerned, even if encashment of one cheque is admitted to the applicant, the offence has been established against him. So without entering into the controversy on facts, I intend to decide this revision on the question of. sentence alone. So candidly conceded by the learned counsel for the applicant and agreed to by the learned counsel for the State. The case set up by the applicant was that no doubt he had encashed the amount of these cheques, but had paid these amounts to the Principal. It was not his duty to deposit the amount in Recur ring Deposit Scheme in the Post Office and, thereby, he had denied any embezzle ment of the amount.
(3.) IN order to establish its case, the prosecution has examined P. W. 1 Kamta Prasad, the Principal. P. W. 2 Chandra Shekhar Pandey was examined to support the case of the prosecution further. Apart from these witnesses, no other witness was examined. Since the accused-applicant has accepted only encashment of one che que and denied the encashment of other cheques, it was bounded duty of the prosecution to examine officials from the Bank to establish that part. In view of the above discussions and the circumstances that since the ap plicant admits encashment of one cheque worth Rs. 2,025, the cheque against that amount is established against him.;