JUDGMENT

S.K. Sahoo, J.—The petitioner Netrananda Sahu faced trial in the Court of learned J.M.F.C., Patnagarh in G.R. Case No.77 of 1985 (T.R. No. 138 of 1990) for offence punishable under Section 408 of the Indian Penal Code on the accusation that on 15 02.1985 he being the President of the Co-operative Society, Kanut SCS had withdrawn a loan of Rs. 12,000/- (rupees twelve thousand) only which I was entrusted to him for purchasing sheep, goats, calves and to finance the poor Adivasis and Harijan people of Kanut Gram Panchayat but he misappropriated the said amount.

2. On 31.03.1985 on the basis of the first information report (Ext. 12) lodged by A Sanyasi Rao (P.W. 10) before the officer in charge, Belpada Police Station, Belpada PS Case No. 17 of 1985 was registered under sections 408/34 of the Indian Penal Code against the petitioner and Kusadhawaja Sahu (P.W.5). The Deputy Registrar of Co-operative Society, Bolangir Division, Bolangir in his order No.1853 dated 26.03.1985 authorised the informant to lodge the F I R. against : the petitioner as well as P.W.5 in connection with the case of embezzlement of Rs.12.000/-of Kanut SCS.

It is the prosecution case that the petitioner wa