RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Shiv Kumar Singh, learned counsel for the petitioner and Mr. Ram Prakash Singh, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 15.04.2005 passed in Criminal Appeal No. 305 of 1986 by the learned 1st Additional Sessions Judge, Chaibasa whereby and whereunder the judgment dated 05.09.1996 passed by the learned S.D.J.M., Chakradharpur at Chaibasa in Chakradharpur P. S. Case No. 148 of 1981 corresponding to G. R. No. 1029 of 1981 and T. R. No. 503 of 1986. convicting the petitioner for the offence under Section 409 of I.P.C. and sentencing him to undergo R.I. for 3 years has been affirmed.
(3.) The prosecution story in brief is that the Executive Engineer, Mohan Mahato informed the police by his letter no. 853 dated 17.11.1981 that the arrear pay and allowances of the staff of the informant was received by the cashier (petitioner) before 28.10.1981, but the same has not been paid to the staffs in time on some pretext or other. It has also been alleged that the Executive Engineer received information from the treasury that cheque no. A/1 112061 was shown by the accused as uncashed, but was encashed long ago and the accused - petitioner has used the said money for his own use.;