JUDGMENT

Rajendra Babu, J.-A charge-sheet issued to respondent No. 1 reads that at about 11 a.m. on June 23, 1973 Smt. Parul Rani Chowdhury, a customer of the appellant-Bank, handed over to respondent No. 1 a sum of Rs. 3,002.40p along with two draft applications each for Rs. 1,001.20p; that even though respondent No. 1 received excess amount of Rs. 1,000/- over Rs. 2,002,40p, he neither refunded the same nor asked the customer as to the manner in which the said amount was to be deposited either by depositing the same in the savings bank account or deposit the same in the Sunday deposits account; that instead he retained the said money with him with intention of misappropriating the same; that thereafter Smt. Parul Rani Chowdhury returned at about 1.30 p.m. on the same day and demanded the said amount of Rs. 1,000/- handed over to respondent No. 1 in excess, which he flatly denied; that on a report being made to the Branch Manager by Smt. Parul Rani Chowdhury he inquired about the matter; that when a preliminary search failed to trace the amount and a physical search of all the employees was being conducted, respondent No. 1 threw away the said amount of Rs. 1,000/- on the floor tha