Judgment

GUPTA, J.:- In this appeal by special leave the appellant questions the correctness of an order passed by a learned Judge of the Calcutta High Court quashing a charge under Section 406 of the Indian Penal Code framed against respondents Nos. 1 and 2. The appellant who is a teacher of a school in Calcutta named Shri Balkrishna Vithal Nath Vidyalaya filed a petition of complaint On January 16, 1970 before the Additional Chief Presidency Magistrate, Calcutta, against the aforesaid respondents who happened to be the Secretary and Head Master respectively of that school, alleging misappropriation, of the provident fund money of the school. The school is recognised by the West Bengal Board of Secondary Education. Following a judicial inquiry into the allegations the Additional Chief Presidency Magistrate, Calcutta, took cognizance of the case and transferred the case to the Presidency Magistrate, 11th Court, Calcutta, for disposal. The prosecution examined 13 witnesses and proved a number of exhibits. The Presidency Magistrate on a consideration of the material before him framed the following charge against the respondents :

"That you jointly being entrusted with the provident fun