Judgment

Nanavati, J.-This appeal arises out of the judgment and order passed by the High Court of Gauhati in Criminal Appeal No. 32 of 1982. The High Court confirmed the conviction of the appellant under Section 409 IPC and Section 5(2) read with Section 5(1)(c) of the Prevention of Corruption Act, 1947 and dismissed the appeal.

2. During the period between 6.10.67 and 9.3.70 the appellant was functioning as a Managing Director of the Assam Agro Industries Devel­opment Corporation Ltd.. It was alleged that between 26.10.67 and 8.4.68 he misappropriated Rs. 52,465.37 belonging to the Government as that much cash was found less when he had handed over charge to the succeeding Managing Director. A complaint in that behalf was filed on 2.8.71. The appellant had not denied that he was entrusted with the said amount but his defence was that it was a newly set up corporation and the staff working under him was inadequate, new and inexperienced. The deficit in the cash balance was because of that reason. He accept­ed moral responsibility for the deficiency in cash and paid up that amount on 27.8.71.

3. The trial Court did not accept the defence that this was a case of negligence in performan