B.N. KARIA, J.

1. RULE. Mr. Tejas M Barot, learned advocate waives service of notice of rule, for respondent No.1 and Mr. Rutvij Oza, learned Additional Public Prosecutor, waives service of notice of rule, for respondent No.2State of Gujarat.

2. By way of this appeal, the appellant has challenged the judgment and order dated 21.09.2004 passed by the learned Judicial Magistrate First Class, Balasinor in Criminal Case No. 677 of 1990, whereby, the respondent NO.1 was acquitted of the charge punishable under Section 409 of the Indian Penal Code.

3. The facts of the case in brief are as under:

3.1 Complainant Mr. Rasiklal Manilal Parmar, an Administrative Officer, District Panchayat, Nadiad at the instance of Deputy District Development Officer, District: Kheda, got a complaint registered against one Mr.Dayabhai Gorabhai Khant, a Junior Clerk at Primary Health Centre, Virpur alleging misappropriation by Mr. Khant to the tune of Rs.617.30/for the period from 02.12.1988 and misappropriation to the tune of Rs.11,276.25/for the period from January 1989 to June 1989 and alleged that Mr. Khant used Government funds for his personal gains, as was disclosed in the Audit Report.

3.2 A comp