1. This criminal miscellaneous petition has been preferred on behalf of accused 1 and 2 in C. C. 101/71 on the file of the Addl 1st Class Magistrate, Quilon. They are charged with offences falling under S.409 and 477 A with 34 IPC. They were the President and Secretary respectively of Co-operative Bank No, 1649 at Paravoor. On the basis of a statement filed by the Deputy Registrar of Co-operative Societies, Quilon before the Superintendant of Police, Quilon, Crime 117/68 was registered against these accused. In the F. I. statement, acts of misappropriation of the funds of the society were enumerated. After due investigation the police took up 3 items of defalcations to form the subject matter of the charge and C.C. 29/69 was accordingly initiated on the basis of that charge. Evidence, however, was let in concerning only one of the 3 defalcations covered by the charge. The trial which started on 24 21969 ended on 12 3 70 convicting the 1st petitioner and acquitting the 2nd petitioner. But on appeal the learned Sessions Judge acquitted the 2nd petitioner also. On the conclusion of the trial by the learned Magistrate which ended on 12-3-70, crime No. 23/70 was registered t