JUDGMENT

Arijit Pasayat, J. - Leave granted.

2. Challenge in this Appeal is to the order of a learned Single Judge of the Guwahati High Court dismissing the Criminal Revision filed by the appellant.

3. The background facts in a nutshell are as follows:

The appellant was convicted for an offence punishable under Section 409 of the Indian Penal Code, 1860 (in short the IPC) by learned sub-Divisional Judicial Magistrate, Jonai. The allegation against the appellant was that he had mis-appropriated a sum of Rs.91,006/-. While taking over charge as Deputy Inspector of Schools on 12.11.1991, he had received cash amounting to Rs. 91,796/-, as per the accounts maintained. When the cash was physically verified only Rs. 790/- was found, and it was, therefore, inferred that he had committed misappropriation of cash. He faced trial for alleged commission of offence punishable under Section 409 IPC. Questioning his conviction and sentence of two years with fine as imposed by the trial Court, an appeal was filed before the Sessions Court. Learned Sessions Judge, Dhemaji dismissed the Criminal appeal upholding the conviction and the sentence imposed. A Criminal Revision in terms of Section 397 rea