JUDGMENT

R.A. Misra, J. - Sri S. P. Jain is chairman of Aligarh Electric Supply Company Ltd. and Sri K.P. Jain is Managing Director thereof Sri K.S. Kohli was appointed Receiver of the aforesaid Company in the month of July 1972 by the District Magistrate of Aligarh. The Receiver counted the cash in the Chest of the Company on 31st of July 1972 according to the directions of the District Magistrate and detected a shortage of Ks. 2,67,744.16 Paisa. He submitted his report to the District Magistrate on the same day. The Receiver recorded the statement of Sri Shyam Sunder Saxena Cashier of the Company and forwarded the same along with his report to the District Magistrate. The Cashier stated that the cash which was found short was not available with him because that was taken away by the Managing Director Sri S.P. Jain. F.I.R. was lodged at Police Station Banna Devi on 5.8.1972. The case was investigated and after completing the investigation charge-sheet were submitted against Sri S.P. Jain, the Chairman and K.P. Jain the Managing Director of the Company. They were tried in two Sessions Trials. They pleaded not guilty. The prosecution examined only one witness Sri Shyam Sunder Saxena