JUDGMENT - R.K. BATTA, J.:---The point involved in both these matters is same and as such the matters are being disposed of by common judgment. The applicants claim benefit of Circular dated 7th May, 1976 issued by the Government of Maharashtra.

2. In Criminal Application No. 1598 of 1997, the applicant has been prosecuted for offence under section 409 I.P.C. It is alleged that the applicant had committed criminal breach of trust in respect of a sum of Rs. 3,461.19 during 19-1-1983 to 17-2-1983. On 17-2-1983, the misappropriation was noticed by the Revenue Inspector and the applicant deposited of the misappropriated amount on 21-2-1983 and 22-2-1983. He filed an application before the Magistrate seeking directions to be issued to the State to withdraw the prosecution or in the alternative to hold that the prosecution stands withdrawn fictionally. This application was dismissed by the Chief Judicial Magistrate, Amravati vide order dated 15-4-1993. The said order was challenged by the applicant before the Sessions Court and the learned Additional Sessions Judge, Amravati vide order dated 15th July, 1997, dismissed the revision.

3. In Criminal Application No. 1845 of 2000, the applicant

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