I.P.Singh, J.

1. This application in revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the judgment dated 18-8-1992, passed in Cr. Appeal No. 133 of 1991 by Shri Aditya Sharan, Sessions Judge, Gaya, by which the learned Sessions Judge confirmed judgment dated 23-9-1991, passed by Sri U. S. Prasad, S.D.J.M., Gaya, convicting the petitioner under Section 406 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs 5,000 in default, to undergo rigorous imprisonment for six months.

2. The prosecution case, in short, is that for the benefit and welfare of the persons of Kasera community at Gaya as maintained as "Hai Hai Vanshi Khatriya Kanskar Gaya Manpur Nagar Society" (in short the Society) was formed. The complainant-opposite-party No. 2, filed a complaint petition against the present petitioner under the various sections of the Indian Penal Code in the Court of the Chief Judicial Magistrate, Gaya (Complaint Case No. 995/81) alleging therein that the petitioner was elected as the Secretary of this Society and was functioning as such since 195