Judgement

SIKRI, C.J.I.: This appeal by Special Leave is directed against the judgment of the Punjab & Harayana High Court dismissing the revision petition under Section 439 of the Criminal Procedure Code and confirming the conviction and sentences of the appellant Des Raj under S. 406, I.P.C.

2. The relevant facts are as follows :

The Managing Committee of a cooperative society, known as The Banga Urban Co-operative Thrift and Credit Society Ltd. Banga, passed a resolution on August 26, 1963, to raise a loan of Rs. 4000/- from the Nawansher Central Co-operative Bank, Banga. The Society authorised the appellant, who was an ordinary member of the society, to receive Rs.4000/- from the Bank on the basis of a promissory note executed by some members of the Executive Committee on behalf of the Society.

3. The learned Counsel for the State has not been able to explain why none of the officials of the Society was authorised to draw the money and why the appellant was chosen to receive the money from the Bank. It appears that the Secretary of the Society, Mahnga Ram had authenticated a copy of the resolution. According to the Manager of the Bank, the Secretary of the Society, Mahnga Ram, had