Judgement

KHANNA, J. :- The appellant was tried in the court of Magistrate 1st Class Delhi for an offence under Section 409 Indian Penal Code and was acquitted. On appeal filed by the State, the Delhi High Court reversed the judgment of the trial court and convicted the appellant under Section 409 Indian Penal Code and sentenced him to undergo reigorous imprisonment for a period of one year and to pay a fine of Rs. 9,000/- or in default to undergo rigorous imprisonment for a further period of six months. It was also directed that out of the fine. If recovered Rs. 8,898.38 be paid to the Delhi Milk Scheme. The appellant then came up in appeal to this Court by special leave. The leave was however restricted to the question of sentence only. This Court also directed that the appellant be enlarged on bail so as to be in a position to raise resources to pay the amount of fine imposed upon him.

2. The appellant was employed as a cash clerk in the Delhi Milk Scheme. His duty was to collect cash from the milk depots assigned to him. It is stated the from September 18, 1966 to September 23, 1966 the appellant received Rs. 8,898.38 from the depot managers of the various depots which were under