1. The State appeals against the acquittal of the accused in this case of a charge under S.408, I.P.C.

2. The following facts, are proved and are undisputed. The accused was a Director and the paid Secretary of the Balussery Producers' cum Consumers' Co-operative Society, and Pw. 4 was its President. Under bye-law 19(a) of the bye-laws of the Society, a copy of which has been marked as Ext. P-11, the president is its ex-officio treasurer and is in charge of all its properties.' Under bye-law 19 (b), the Secretary is its executive head and carries on the administration subject to the general control of the President. For the purpose of carrying on the day to day administration, the Secretary is, from time to time, entrusted with the funds of the Society to the extent necessary, and bye-law 20 (b) lays down that the Secretary shall not keep more than Rs. 5000 at a time including the amounts with the procurement or other agents. (Even so, the evidence for the prosecution is that all cash in his hands should be kept in the Society's safe and should, along with the vouchers for any advances made, be available for check by inspecting officers). On 1-9-1954, the accused drew a