Honble NANAVATI, J. –Leave granted. We have heard learned counsel on both sides.

(2). This appeal by special leave arises from the judgment and order of the learned Single Judge of Allahabad High Court, made on September, 31 1995 in Criminal Revision No. 985 of 1993.

(3). The appellant had laid a private complaint against R.D. Tripathi, the second respondent, for offences under Sections 409, 420, 465, 468, 477A and 109 I.P.C., after examination, alleging that the second respondent and the Cashier had fabricated his signatures, drawn and misappropriated an amount of Rs. 443.90 which was due and payable to him. On the basis thereof, after recording his eviden- ce and also the court witness under Section 202 Cr.P.C. 1973, the Magistrate dismissed the complaint holding that the sanction under Section 197 of the Cr.P.C. was not obtained. Aggrieved by the order, the appellant went in revision before the High Court. The High Court recorded the finding that the second respondent was discharging his duties as a Government servant and was alleged to have misappro- priated the amount in question by forgoing the signature of the appellant in the payment register. the High Court further observed

Click Here to Read the rest of this document