1. THE challenge in this revisional application is to the judgment and order dated 02.03.2009 passed by Sri Anupam Sarkar, the learned Judicial Magistrate, Kalyani, Nadia thereby acquitting the opposite party No. 2 Bhola Nath Roy Chowdhury @ Bholanath Chowdhury from the charge under Section 408 of the Indian Penal Code in G. R. Case No. 64 of 1997.

2. DILIP Kumar Das, the then Branch Manager of the Oriental Insurance Co. Ltd., Kalyani Branch lodged one written complaint with the Officer-in-Charge of the Kalyani Police Station against the opposite party No. 2, Sri Bhola Nath Roychowdhury alleging therein that on 29.04.1997 after opening the cash box of the office, he found that a cash amount of Rs.10,260/- was missing from the box. The opposite party No. 2 was absent on that date without prior notice. The Branch Manager of the Oriental Insurance Co. Ltd., Kalyani Branch lodged another complaint with Kalyani P. S. alleging therein that a further sum of Rs. 4,11,879/- was also misappropriated by Bhola Nath Roy Chowdhury which he detected from the Books of Accounts and records.

On the basis of the said F. I. R, Kalyani P. S. Case No. 56/97 dated 15.05.97 was registered and the