JOYMALYA BAGCHI, J.

1. Judgment and order dated 21st February, 1987 passed by the learned Judge, 2nd Special Court, Nadia in Special Court Case No. 3 of 1986 convicting the appellant for commission of offence punishable under Section 409 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year only and to pay a fine of Rs.2,000/-, in default, to suffer rigorous imprisonment for six months only has been assailed.

2. The prosecution case as alleged against the appellant is to the effect that the appellant being a Clerk attached to Krishnagar Court Post Office between 17-02-82 to 06-05-82 had on 31st March, 1982, 2nd April, 1982, 19th April, 1982 and 3rd May, 1982 received Rs.800/-, Rs.400/-, Rs.950/- and Rs.400/- respectively as deposits in S.B. A/c. Nos. 617344, 617341 and 617251 respectively and had misappropriated the said amounts of money. It was further alleged that although the appellant entered the deposits in the respective pass books and granted receipt to the respective depositors by giving them counterfoil of the respective pay-in-slips after putting his signature and seal of the post office thereon, he did not credit the said amount