JUDGMENT

A. Pasayat, J. - Petitioner (also referred to as the 'accused') questions his conviction for an offence punishable under Section 409 of the Indian Penal Code, 1860 (in short, 'I.P.C.') and sentence of two years rigorous imprisonment and to pay a fine of Rs.6,500/-, in default to undergo one year rigorous imprisonment, as awarded by learned Additional Chief Judicial Magistrate, Bhubaneswar and confirmed in appeal by the learned Additional Sessions Judge, Bhubaneswar.

2. In a nutshell, the prosecution case is as follows:-

Accused was an employee in office of Executive Engineer, National Highway Division, Bhubaneswar. On 24.3.1977, he was working as Treasury Sarker. Sri G.T. Rao, the then Executive Engineer (P.W. 4) entrusted him with two bearer cheques, one for Rs.1284.10, and the other for Rs.10,000/- for encashment. Petitioner went to the State Bank of India; Bhubaneswar for encashment of the cheques and also took the office cycle. He did not return till late afternoon, but another Peon Puma Ch. Pradhan came to the office with office cycle with a letter from accused addressed to the cashier stating that he was not able to come as his father had met with an accident, and he