JUDGMENT - VISHNU SAHAI, J. :---The State of Maharashtra aggrieved by the judgment and order dated 24-1-1986 passed by the JMFC, Vadgaon, District Kolhapur, in Regular Criminal Case No. 58/1984 acquitting the respondent under section 408 I.P.C. has come up in appeal before us.

2. Briefly stated the prosecution case is as under. The informant Manikchand Bishikar P.W. 1 was the Director and Secretary of the Bahubali Vidyapeeth and Bahubali Bharamcharayashram Kumbhoj, Taluka Hatkanangale.

The respondent at the time of the incident, in fact since 8 years prior to it, was working as clerk in the aforesaid institution. It is also said that the respondent was working as a clerk in Bharat Varashiya Digambar Jain Thirth Kshetra Committee, Head Office at Bombay with branch office at Kumbhoj from two years prior to the incident. It is further said that the respondent used to collect amount from the donors of the institution. The case for the prosecution is that in between the period 27-7-1982 to 7-2-1983, the respondent collected in all a sum of Rs. 9, 341/- but did not deposit the same. Hence, the informant filed a complaint Exh. 19 at police station Chavadi.

3. On the basis of the complaint

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