JUDGMENT - BRAHME P.S., J.:---Heard Mr. Sukhdeve, learned Counsel for the applicant and Mr. Loney, learned A.P.P. for State.

2. This revision application is preferred by the applicant-Manohar Sadavarte who was original accused in Criminal Case No. 1441/1983 on the file of the Court of Chief Judicial Magistrate, Nagpur for challenging the judgment and order passed by the Sessions Judge, Nagpur in Criminal Appeal No. 9/1991 confirming the judgment and order of conviction and sentence passed by the Chief Judicial Magistrate, Nagpur convicting the applicant for offences under sections 467 and 471 of Indian Penal Code and sentencing him to suffer S.I. for 3 months and to pay fine of Rs. 500/- in default of payment of fine of Rs. 500/- to further undergo S.I. for one month and to suffer S.I. for 3 months and to pay fine of Rs. 500/- in default to undergo S.I. for 3 months respectively.

3. The applicant was working as Manager in the Malloogir Swami Weavers Co-operative Society, Umrer, District : Nagpur. The complainant-Maroti Mukundrao Sadavarte who happens to be cousin of the applicant was member of the said society. He had deposited certain amount in his account in the society. It was in the year 1973 the complainant-Maroti asked for the amount deposited along with interest from the society. He was informed that the financial condition of the society was very weak and therefore, his amount could not be returned to him. During the enquiry conducted by Mr. Digamber Yevtkar, he found that applicant Monohar Sadavarte had misappropriated the amount of the society. The complainant Marotrao was entitled to get Rs. 2561.70 towards deposited amount and Rs. 2250/- towards interest. The accused-Manohar had withdrawn the amount from time to time from the society from the account of the complainant Marotrao Sadavarte. It was revealed that the complainant Marotrao had not authorized the accused to withdraw the amount from his account that is how the accused was found to have misappropriated the amount of the society from the account of Marotrao and it was found that in order to get the amount the accused had forged the record of the society. Matter was reported to the Police by lodging complaint. Accused was accordingly tried for the offence under sections 408, 420, 468, 477-A of Indian Penal Code.

4. Before the trial Court the prosecution examined nine witnesses including-Bhaskar Sonkusare (P.W. 2 Accountant), the then President Balaji Sadavarte (P.W. 4). The accused placed reliance on the letters Exhibit 30 to 32 admittedly written by the complainant-Marotrao authorizing the accused to withdraw the amount from the society from his account. It was found that in order to get the amount from the account of the complainant-Marotrao accused effected changes in the account of Marotrao that was at page 279 of the ledger book. For doing so the accused changed the name of the account-holder Marotrao son of Mukundrao Sadavarte by scoring out, keeping the surname intact. It was on the basis of effecting the change in the account the accused has withdrawn the amount and retained with him. Admittedly, the accused had in all withdrawn the amount of Rs. 4811.70 during the period from 5-6-1967 to 21-12-1972. Accused also paid the said amount to the complainant on 9-7-1973, but the complaint was lodged on 8-2-1974. As the accused retained the amount, instead of paying it to the complainant, the trial Court found that the intention of the accused was to defraud the complainant and therefore the trial Court convicted the accused for offence under sections 467 and 471 of Indian Penal Code but at the same time, considering the facts, attending the case the trial Court found that the accused has not misappropriated the amount as the amount has been paid to the complainant, though for temporary period for sometime the amount was retained by the appellant. It was admitted by the complainant Marotrao and other prosecution witnesses that the accused had paid the amount of

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