Judgment

ORDER :- In this appeal by special leave the appellant has been convicted. under S. 408 of the I. P. C. and sentenced to one months rigorous imprisonment and a fine of Rs. 500/-. The appellant was working in the Daily Nav Prabhat Press and as an employee of the press he had received Rs. 180/- on 1-6-1964 from Sri Gurdev Singh Shahi, P. W. 1 and Rs. 120.32 on 2-5-1964 from Anandilal. The prosecution has proved from the evidence of P. Ws. 1 and 5 that the appellant undoubtedly received these amounts. The only defence taken by the appellant in his statement under S. 342 was that he never received these amounts. The prosecution has further proved from the evidence of P. Ws. 1 made 5 as also the evidence of the owner of the press that he had received the money but has failed to account for it. We have gone through the judgment of the Presidency Magistrate and we do not find any merit in this appeal. The High Court summarily dismissed the appeal as it thought there was absolutely no point for further investigation. We would further like to mention that there is no allegation that the appellant had committed any misappropriation before and this appears to be his first offence. As