Prosecution case initiated on written application of Dr. Raghunandan Prasad Singh, in brief, is that he took charge of office of Dr. Awadh Bihari Sharma, retired on 31.1.1994. Cash balance on that day was Rs. 33/- only.

2. Accused Birendra Kumar Singh was performing the work of accountant as well as was preparing bills of employees and withdrawing money from the Treasury to distribute among them(employees) since 1.8.1993. He was maintaining cash book register but did not produce the same. He was in possession of a bill signed by his (informant’s) predecessor Dr. Awadh Bihari Sharma.

3. It is further alleged that bill of Rs. 33,450.00 was encashed/withdrawn on 7.2.1994 by accused Birendra Kumar Singh from the Treasury. He proceeded on leave on 8.2.1994 after submitting an application for casual leave but without allowing any leave.

4. It is further stated that cash/money was of gratuity of Sri Ram Chandra Purbey, a retired employee. It is specifically said that said money was misappropriated by accused Birendra Kumar Singh.

5. The trial is ended in acquittal of accused opposite party by judgment/order dated 14.3.2000, validity of which has been challenged by filing this appeal