Kanwaljit Singh Ahluwalia, J. - (1.) Present revision petition under Section 397 read with Section 401 Cr.P.C. was instituted in the year 2001 to assail he judgment and decree dated 21st July, 2000 whereby Additional Chief Judicial Magistrate, Kekri, Distt. Ajmer had held petitioner guilty of offence under Section 408 IPC and had sentenced him to undergo simple imprisonment of two years and pay a fine of Rs. 3000/- and in default to undergo 15 days simple imprisonment. The trial Court however, had acquitted the petitioner of the offence under Section 467 and 468 IPC.
(2.) Aggrieved against the same, petitioner had preferred an appeal bearing No.7/2000. The appellate Court below vide judgment and decree dated 12th February, 2001 had upheld the conviction and sentence awarded upon the petitioner by the trial Court.
(3.) Brief facts of the case are that in the year 1981, petitioner was posted as a Manager of Gram Sewa Sahkari Samiti, Karote. An inspection was carried by PW-1 Bhawani Singh on 28th September, 1984 and as per the report submitted by PW-1 Bhawani Singh, Inspector, petitioner by fabricating the record had committed misappropriation of Rs. 8,964/-. Trial Court after detailed judgment came to the conclusion that petitioner had neither fabricated nor forged any record and recorded acquittal of the petitioner for the offences under Section 467 and 468 IPC. However, trial Court came to the conclusion that petitioner had committed misappropriation Rs. 2,900/- and thus, committed offence under Section 408 IPC.;