1. - This is a criminal revision by the accused against his conviction under section 409 IPC and a sentence of three months rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine one months further rigorous imprisonment.

2. The prosecution case in brief was that the accused petitioner working as Superintendent, Students Hostel in Social Welfare Department, Tonk, was also working as Cashier in the department. On 27th April, 1969, the Public Works Department, Tonk, informed the Social Welfare Department that in case they wanted ceiling fans, they should deposit an amount of Rs. 529/- as the price of the Ceiling Fans. The accused while working as a cashier in the Social Welfare Department prepared a fully vouched contingent bill Ex.PA and obtained the amount of Rs. 529/- on 12th June, 1969, an entry in the cashbook was made vide Ex 2B. On 8th June 1969, the accused obtained this amount vide Ex.P2A for depositing in the Public Works Department. The prosecution case is that the accused did not deposit the aforesaid amount and embezzled it.

3. At the time of audit on 20th August 1970, the accused submitted an application Ex.PC praying that he had received Rs.