ORDER :

1. The petitioner has challenged the judgment in Cr. Appeal No. 193 of 2012, by which the judgment of conviction and order of sentence both dated 28.08.2012 passed in G.R. Case No. 1073 of 2011 converted into T.R. No. 1713 of 2012 have been partly dismissed.

2. By the judgment dated 28.08.2012, the petitioner was convicted for the offence punishable under section 420, 409 and 120B IPC and he has been sentenced to undergo R. I. for 5 years each with fine of Rs. 10,000/- for the offences punishable under sections 409 and 420 IPC and R.I. for 3 years for the offence under section 120B IPC.

3. By the judgment dated 12.12.2012 passed in Cr. Appeal No. 193 of 2012, the conviction and sentence of the appellant for the offence punishable under sections 420 and 120B IPC have been set-aside, however, the conviction and sentence for the offence punishable under section 409 IPC have been affirmed.

4. During the trial in G.R. Case No. 1073 of 2011, the prosecution has examined nine witnesses and produced the Cash Verification Report, Daily Cash Balance Book and the letters of the Bank of India to establish that it was the petitioner and the co-accused- Swapan Kumar Chattopadhyay who were en