B. C. Chakrabarti, J.:- This is a revisional application at the instance of the accused and is directed against an appellate order directing retrial of the petitioner on a charge under Section 406, I. P. C.

2. The petitioner was found guilty by the trial Court and convicted under Section 406, I.P.C. and sentenced to suffer S. I. for three months and to pay a fine of Rs. 5,000/-, in default to S.I. for two years.

3. The petitioner was the Secretary of Benimadhab Higher Secondary School at Sheakhala during 1971 and for a part of 1972. The said school had a savings Bank account with the United Bank of India and the appellant, as the Secretary of the school used to operate the said accounts. The allegation against the petitioner was that on 20-9-1971 he had withdrawn a sum of Rs. 8,500/- from the savings Bank account of the school by issuing a cheque and misappropriated the amount. It was the further allegation that on 17-1-1972 the petitioner was entrusted with Rs. 27,600/- being a portion of the Government grant to the school but that on 18-1-1972 the petitioner deposited a sum of Rs. 25,600/- only into the account of the school with the United Bank of India and, thus mis-appr